Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bengal Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Cantonments Act, 1924 (2 of 1924) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bengal Regulations of 1836 : Land in cantonment area given on 'old grant' basis by Authority - Regulation of - Held, the terms of the grant are statutorily regulated under Order No. 179 of the Governor General in Council of 1836, known as the Bengal Regulations of 1836, and the administration of land in cantonment areas is further regulated by the Cantonment Act, 1924 and the Cantonment Land Administration Rules, 1925 framed under it.Bengal Regulations of 1836 - Regulation 6 - Land in cantonment area given on old grant basis - Contravention of terms of the grant by dividing the site and sale of building situated on the land without prior sanction of the competent authority to persons not belonging to army - Held, land can be resumed by the authority in accordance with law. Cantonment Land Administration Rules, 1925 - Rule 3 - Person filing suit for declaration of title of land in cantonment area - No conveyance in respect of the said lands produced by the person - Authority adducing evidence to show that the file/register of grants has been stolen - General land registers maintained by the authority under the Rules show that land is held on old grant basis - Held, the Regulations as well as the general land registers which are old documents maintained in the regular course and coming from proper custody, clearly indicate that the land is held on old grant basis. Words & Phrases - 'Old Grant ' - Meaning of in the context of Bengal Regulations of 1836 and the Cantonments Act, 1924. |
Judge | Hon'ble Ms. Justice Sujata V Manohar |
Neutral Citation | 1999 INSC 127 |
Petitioner | Chief Executive Officer |
Respondent | Surendera Kumar Vakil And Ors. |
SCR | [1999] 2 S.C.R. 118 |
Judgement Date | 1999-03-23 |
Case Number | 8484 |
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