Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bhopal State Reclamation and Development of Lands |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Tenancy and Land Laws : Bhopal State Reclamation and Development of Lands (Eradication of Kans) Act, 1954: Section 17 - Validity of - Tractorization charges (for eradication of the weed kans ) - Non-payment of - Attachment of land due to - Recovery of tractorization charges against the landowner under the 1949 Ordinance were concluded through proceedings under the 1932 Act and land declared as Taluqdeh (unoccupied land) before the coming into force of the 1954 Act - Held, the landowner cannot derive any benefit from the Supreme Court's judgment in Champalal's case which declared Tractorization charges as ultra vires - This is more so as S. 17 of the 1954 Act declaring all actions taken before the coming into force of the 1954 Act is not held ultra vires or invalid - Bhopal State Reclamation and Development of Lands (Eradication of Kans) Ordinance, 1949 - Bhopal Land Revenue Act,1932. General Principles - Relief - Grant of - To joint Khata holders - Held, all joint Khata holder must apply for relief - Hence, one individual Khata holder not entitled to relief. General Clauses Act (Bhopal), 1931 : Section 2(12) (as amended in 1933 r/w Government Notification No. 71 dated 25.2.1941). Land-Re-allotment - Preferential right of - Dispossessed land owner - Notification No. 71 - Held, notification issued by Government and not by Ruler himself has the force of law under amended S. 2(12) - However, Notification No. 71 is applicable only to dispossessed landowners - Hence, a landowner who is never physically dispossessed not entitled to claim preferential right of re-allotment - High Court rightly dismissed landowner's claim of preferential right of re-allotment though for different reasons. Practice and Procedure. A Remand - High Court had not gone into some points though raised - Effect of - Held, normally case ought to be remanded for consideration of those points - However, where the case has been pending for a longtime and all findings were on record, and parties are agreeable, those points can be disposed of by Supreme Court itself. |
Judge | Hon'ble Mr. Justice Ajay Prakash Misra |
Neutral Citation | 1999 INSC 62 |
Petitioner | Azizuddin |
Respondent | Board Of Revenue And Ors. |
SCR | [1999] 1 S.C.R. 618 |
Judgement Date | 1999-02-12 |
Case Number | 4231 |
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