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
preemption to purchase undivided share sold to third parties if willing to pay
the same price.
Land Revenue - Sanad granting occupancy rights is a perpetual and heritable grant making holder an Occupant Class I under Section 29(2)(a) MLRC, and resumption of such land as lease expiry is illegal.
Under the Andhra Pradesh Land Grabbing (Prohibition) Act, once applicant proves prima facie ownership, burden shifts to alleged grabber, and unauthorised possession without lawful entitlement constitutes land grabbing.
Injunction cannot be granted to restrain owner from redevelopment when tenancy rights are disputed and balance of convenience favors owner, as such disputes require trial-level scrutiny.
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