Merely on political
opinions or on unsubstantiated newspaper reports, petition under Article 226
cannot be maintained. Petition dismissed.
Plaintiff-firm has failed to establish cause of action against Defendants for claiming title by adverse possession, leading to rejection of Interim Application.
Competent Authoritys impugned order set aside as it violated fundamental judicial principles by not providing an effective hearing opportunity for Petitioner and neglecting required inquiry as per Section 11(4) of MOFA.
Only because one Defendant signed written contract and given nature of property as ancestral joint family property, specific performance of contract could not be enforced against all Defendants.
Termination of
developer under Section 13(2) of Maharashtra Slum Act requires prior notice to
landowner whose rights may be affected.
Superintendent of Land Records was justified in correcting clerical error regarding land area in Scheme and corrections were supported by objective material and addressed a defect arising from original Scheme's non-enforcement as per Act.
CIDCO cannot cancel auction process in respect of Plot No. 25 even after approval of its Board resolution by State Government.
Classification of land as Class I in revenue records is deemed accurate and not subject to review under MLR Code.
None of documents support plea of protection of possession as contemplated under Section 53-A of TP Act thus, no reason to take a different view from view expressed by Appeal Court.
Bail granted in
cheating case where dispute is predominantly civil in nature and custodial
interrogation is not warranted.
Orders from 1999 were deemed arbitrary and quashed and State Government was instructed to consider Societys genuine difficulties and any penalty imposed.
Unauthorized
Construction and Regularization-Panchayat has no authority to regularize
illegal constructions made without requisite permissions.
Presumptive Value of Mundkar Status - Registered Mundkar status carries presumptive validity
unless rebutted with cogent evidence; concurrent factual findings cannot be
disturbed under Article 227.
Illegal Encroachments on Government Land - Illegal encroachments on government land must be
removed following statutory processes.
Proof for Tenancy Claims - Claims for tenancy under the Goa Agricultural Tenancy
Act must be supported by credible documentary evidence of possession and
cultivation.
Pre-emption Rights of
Co-owners-Co-owners have a right of pre emption to purchase undivided share
sold to third parties if willing to pay the same price.
Deemed conveyance
application is maintainable despite res judicata plea; however, conveyance must
exclude separately occupied structures and proportionate land.
Liability primarily rests on the individual as
defined under municipal laws; excess tax must be refunded with interest or
adjusted against other dues.
Registered title v. unregistered interest-Later
registered sale prevails over earlier unregistered equitable mortgage.
Corrigendum altering land area – Competent
Authority cannot expand conveyance area under garb of corrigendum.
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