Land Classified As 'Shamilat-E-Deh' Is As Good As Proprietary Land: J&K High Court Directs Compensation For Acquisition
3 weeks, 1 day ago

Land Classified As 'Shamilat-E-Deh' Is As Good As Proprietary Land: J&K High Court Directs Compensation For Acquisition

Live Law  

The Jammu and Kashmir High Court held that land classified as Shamilat-e-Deh, once shown as vested in the name of any person, is as good as proprietary land, and the owner is entitled to compensation upon its acquisition by the government. A bench of Justice Javed Iqbal Wani held that the land in question shall be deemed acquired and directed the respondent to compute the amount of compensation payable to the petitioner in lieu of the said land, along with solatium and interest of 6% p.a. The court held that Shamilat land, once shown to have been vested with any person, is as good as proprietary land, and any acquisition of the same entitles the owner to compensation. The court also pointed out that the petitioner's consistent pursuit of compensation for the past three decades rules out any possibility of voluntary donation in the absence of documentary evidence.

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History of this topic

No One Acquires Title To Property Through Gratuitous Occupation, Even If Possession Continues For Decades: J&K High Court
2 months, 3 weeks ago

No One Acquires Title To Property Through Gratuitous Occupation, Even If Possession Continues For Decades: J&K High Court

Live Law  

Reaffirming a key principle of property law the Jammu and Kashmir and Ladakh High Court has held that individuals occupying premises gratuitously cannot claim ownership or legal protection. The appellant, dissatisfied with this outcome, approached the High Court, arguing that it was in “settled possession” of the additional plot and entitled to protection from eviction without due process under the …

Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition
7 months, 1 week ago

Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition

Live Law  

The Supreme Court on Monday dismissed an appeal filed by the State government of Himachal Pradesh challenging the division bench's order of the Himachal High Court which had stated that the government forcibly acquired private property violating the fundamental right under Article 300A of the Indian Constitution. Justice Datta at the outset asked the advocate for the appellant: “Your subject …

Smart Satellite Township: Jammu & Kashmir High Court Orders Reassessment Of Land Compensation To Claimants
1 year, 5 months ago

Smart Satellite Township: Jammu & Kashmir High Court Orders Reassessment Of Land Compensation To Claimants

Live Law  

The Jammu and Kashmir and Ladakh High Court on Monday directed the government to reassess the amount of compensation and improvement charges to be paid to land claimants, emphasizing the need for a fair evaluation of the value of the land involved in the Smart Satellite Township dispute. Contesting the maintainability of the petition, Sr AAG Mohsin Qadri submitted that …

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court
1 year, 11 months ago

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court

Live Law  

The Supreme Court set aside an order passed by the Delhi High Court which held that since the compensation was not paid to the landowners, the acquisition of the land in question was lapsed in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. While relying upon the judgment …

J&K Land Row: Post Demolitions & New Rules, Can Kashmiris Trust Govt’s Reforms?
2 years, 1 month ago

J&K Land Row: Post Demolitions & New Rules, Can Kashmiris Trust Govt’s Reforms?

The Quint  

The land recovery drives in J&K are also linked to the now-scrapped J&K State Land Act, 2001, also called the ‘Roshni Act’. The law allowed squatters in J&K to secure proprietary titles in return for a fee determined by the government, paving way for the regularisation of encroachments on public land and generating money to fund power projects in the …

SC ruling: ‘Thousands of acres of illegally sold land to be restored to Haryana panchayats’
2 years, 8 months ago

SC ruling: ‘Thousands of acres of illegally sold land to be restored to Haryana panchayats’

Hindustan Times  

Land chunks described in the revenue records as shamilat deh and wrongly partitioned and alienated would now be restored to gram panchayats in Haryana following an April 7 Supreme Court judgment. An SC bench comprising Justice Hemant Gupta and Justice V Ramasubramanian in its landmark April 7 judgment had ruled that the village common land can neither be repartitioned among …

SC ruling on village common land: Haryana sets timelines for restoration of illegally-sold panchayat land
2 years, 11 months ago

SC ruling on village common land: Haryana sets timelines for restoration of illegally-sold panchayat land

Hindustan Times  

Following the recent Supreme Court orders that village common land can neither be repartitioned among the proprietors nor sold, the Haryana government has started the process of restoring illegally-sold land chunks back to the gram panchayats. As per the decision taken by the state government, mutations will be entered by the halqa patwari of land recorded as ‘shamilat deh’ in …

Village common land cannot be sold: Supreme Court
2 years, 11 months ago

Village common land cannot be sold: Supreme Court

Hindustan Times  

: Thousands of acres of village common land in Haryana sold off by shareholders or gram panchayat for monetary gains would get freed with the owners being ousted following a Supreme Court ruling on Thursday. Village common land cannot be sold: Supreme Court A bench of Justices Hemant Gupta and V Ramasubramanian held that the entire land reserved for common …

"No Public Right Is Superior To Defence Of The Country": Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC
3 years ago

"No Public Right Is Superior To Defence Of The Country": Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC

Live Law  

The Uttarakhand High Court has recently dismissed a writ petition filed, challenging a notification issued under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which proposed to acquire certain land near the "Line of Actual Control" for meeting the purposes of the Indo-Tibetan Border Police. While affirming the defence'd needs …

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