LawforAll

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Showing posts with label EASEMENT ACT. Show all posts
Showing posts with label EASEMENT ACT. Show all posts
Friday, February 10, 2012

Land Acquisition Act, 1894; Ss. 3(a) and (b), 11 and 16: Acquisition of land by State Government-Easementary right on the ground of necessity-Availability of-High Court rightly drew a distinction between an easement of an ordinary nature for which compensation could be claimed and an easement of necessity in respect of which right of passage could not be extinguished by reason of acquisition, hence justified in granting right of passage to the claimant both on principle and precedent-Civil Procedure Code, 1908-Section 100-Constitution of India, 1950-Article 136. espondent Nos. 1 to 3 had purchased certain portion of land belonging to `R'. The sale deed specifically mentioned that respondent-vendees would have access to their land through a passage from the remaining part of the land of the vendor, which was later acquired by the Government of Himachal Pradesh. The State Government blocked off the passage by a barbed wire fencing, thereby preventing respondents' access to their land. Aggrieved, respondents filed a suit for issuing injunction against the appellants. Suit was dismissed by the Trial Court. Appellate Court decreed the suit holding that there existed a passage from the land acquired by the State Government to the land of the respondents and they had no other passage to their land. Appeal against this order was dismissed by the High Court. Hence the present appeal. It was contended by the appellants that once an award has been made under Section 11 of the Land Acquisition Act and possession of the acquired land was taken, the land would vest absolutely in the Government free from all encumbrances.

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Dismissing the appeal, the Court HELD: 1.1. Both the Additional District Judge and the High Court have concurrently held that the only appr...
Thursday, January 27, 2011

NO LIMITATION FOR REMOVING ENCROACHMENT INTO PUBLIC/PRIVATE ROAD. NO REPRESENTATIVE SUIT IS REQUIRED TO REMOVE.

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                                        1                                                           REPORTABLE                        I...
Sunday, August 29, 2010

IMPLIED GRANT- EASEMENT

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IMPLIED GRANT-CAN BE INFERRED FROM THE CIRCUMSTANCES FOR THE REASON THAT NO OTHER PATHWAY WAS PROVIDED FOR ACCESS TO "A" SCHEDULE ...