Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Andhra Pradesh Land Grabbing (Prohibition) Act 1982 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Andhra Pradesh Land Grabbing (Prohibition) Act, 1982:ss. 2(e),4 and 8(1) - Land grabbing - Suit lands vested in State Government - Application for occupancy certificate by a person claiming himself as lnamdar of suit lands rejected - The said person sold the suit land-Vendee raised constructions thereon - His application for regularization rejected - Meanwhile application u/s 8(1) filed by State Government, allowed by Special Court - Order affirmed by High Court - HELD: Definition of 'land grabber' is not restricted to party to proceedings but also includes his predecessor-in-interest - Only because a person has entered into possession of land on the basis of a purported sale deed, the same by itself would not be sufficient to hold that he did not enter over the land unauthorisedly, unfairly or greedily - Question whether the land grabber has grabbed the land or not, ordinarily is required to be determined as on the date of filing of the application - An averment in the application u/s 8 that the procedee had been in unlawful possession itself is sufficient to invoke provisions of the Act - Pendency of an application for regularization of land would not stand in the way of the State to initiate proceedings under the Act - The facts of the matter squarely cover the ingredients of s. 2(e) of the Act - Doctrine of estoppel - Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 - Andhra Pradesh Land Encroachment Act, 1905.Land grabbing - Jurisdiction of Special Court.One' R' claiming ownership of certain lands as Inamdar, applied for occupancy certificate from the State Government. His application was rejected. 'R' then transferred the said lands by executing two registered sale deeds in January 1985 in favour of the appellant, and A thereafter filed a writ petition before the High Court, which by its order dated 6.3.1987 held that in view of s. 3(1) of the A.P. (Telangana Area) Abolition of lnams Act, 1955 Act, the lands in question had vested in the State. The said judgment attained finality. Despite this, the appellant raised constructions on the suit lands. A notice under the A.P. Land Encroachment Act, 1905 was issued to the appellant describing it as 'encroacher' of the suit land, which was unsuccessfully challenged by the appellant in a writ petition before the High Court. The appellant also filed an application before the State Government for regularization of the lands which was dismissed. The said order was challenged by the appellant in a writ petition before the High Court. Meanwhile an application against the appellant in terms of s. 8(1) of the A.P. Land Grabbing (Prohibition) Act, 1982 was filed praying, inter alia, for eviction of the appellant from the suit lands declaring it as land grabber and for punishing it u/s 4(3) of the Act. The Special Court allowed the said application. The writ petition of the appellant having been dismissed, it filed the instant appeal.It was contended for the appellant, inter alia, that the Special Court as also the High Court erred in not considering that the respondent neither pleaded nor proved the ingredients of the terms 'land grabber' and 'land grabbing' as defined in the Act; that the appellant having entered into possession pursuant to registered sale deeds, it was not questionable under the Act; that during the pendency of the application of the appellant for regularization of the lands in question, the application u/s 8 of the Act was not maintainable. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1034 |
Petitioner | M/s Mahalaxmi Motors Ltd. |
Respondent | Mandal Revenue Officer And Ors. |
SCR | [2007] 10 S.C.R. 964 |
Judgement Date | 2007-10-10 |
Case Number | 4755 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |