SHARDA DEVI Vs. STATE OF BIHAR
LAWS(SC)-2002-3-95
SUPREME COURT OF INDIA
Decided on
March 13,2002
SHARDA DEVI
Appellant
VERSUS
STATE OF BIHAR
Respondents
Referred Judgements :-
SRINIVAS V. JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY [REFERRED]MOHABBAT SINGH V. CROWN [REFERRED]
NARAYANDAS DAGA V. GANPATRAO [REFERRED]
SOUTH ASIA INDUSTRIES PRIVATE LIMITED VS. S B SARNP SINGH [REFERRED]
BASANT KUMAR VS. UNION OF INDIA [REFERRED]
MAHLI DEVI VS. CHANDER BHAN [REFERRED]
Cited Judgements :-
SATISH CHANDER SABHARWAL VS. STATE [LAWS(DLH)-2005-7-44] [REFERRED TO]EMPLOYEES STATE INSURANCE SCHEME VS. DAMJIBHAI CHAKUBHAI PATEL [LAWS(GJH)-2005-1-33] [REFERRED TO]
SATYA NARAYANAGIWAL VS. STATEBANK OF INDIA [LAWS(JHAR)-2005-5-9] [REFERRED TO]
GANDLA PANNALA BHULAXMI VS. MANAGING DIRECTOR APSRTC [LAWS(APH)-2003-6-12] [REFERRED TO]
HEINZ INDIA PVT LTD VS. GLAXOO SMITHKLINE CONSUMER HEALTHCARE LIMITED [LAWS(CAL)-2005-8-76] [REFERRED TO]
ASHOK KUMAR KAPUR VS. ASHOK KHANNA [LAWS(CAL)-2006-2-70] [REFERRED TO]
LMJ INTERNATIONAL LTD VS. SEA STREAM NAVIGATION LTD [LAWS(CAL)-2007-5-22] [REFERRED TO]
Deepak Eknath Dhavan VS. Anwar Faramosh Khan [LAWS(BOM)-2004-3-111] [REFERRED TO]
ASHA BHALCHANDRA JOSHI VS. NATIONAL INSURANCE CO LTD [LAWS(BOM)-2007-12-69] [REFERRED TO]
SHANTHILAL KOTHARI VS. SATHRASALA SARATH BAU [LAWS(MAD)-2008-9-26] [REFERRED TO]
BIKU SINAI USGAOKAR VS. VINAECA XAMBA DALVI [LAWS(BOM)-2004-9-197] [REFERRED TO]
V K WALNEKAR VS. BILASPUR RAIPUR KSHETRIYA GRAMIN BANK [LAWS(CHH)-2005-4-6] [REFERRED TO]
R S R T C VS. VAIBHAV KUMAR [LAWS(RAJ)-2007-3-13] [RELIED ON]
SHALINI PODDAR VS. VCK SHARE & STOCK BROKING SERVICES LIMITED [LAWS(CAL)-2012-12-33] [REFERRED TO]
SUBAL PAULE VS. MALINA PAUL [LAWS(SC)-2003-2-62] [REFERRED . (PARA 6) 7.]
P S SATHAPPAN DEAD VS. ANDHRA BANK LTD [LAWS(SC)-2004-10-64] [REFERRED TO]
FUERST DAY LAWSON LTD VS. JINDAL EXPORTS LTD [LAWS(SC)-2011-7-60] [REFERRED TO]
METRO TYRES LTD VS. SATPAL SINGH BHANDARI [LAWS(DLH)-2011-9-4] [REFERRED TO]
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED VS. AMBABEN SANJAYBHAI RAMESHBHAI VASAVA [LAWS(GJH)-2010-5-42] [REFERRED TO]
SPECIAL DEPUTY COLLECTOR L A SRBC NANDYAL VS. N VASUDEVA RAO [LAWS(APH)-2003-9-52] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. S SURYA PRAKASH REDDY [LAWS(APH)-2006-6-136] [REFERRED TO]
PANDRAJ KUNJILAL SADH VS. SANTOSH KUMARI MAHENDRA KUMAR SADH [LAWS(CAL)-2011-8-41] [REFERRED TO]
SREI EQUIPMENT FINANCE PRIVATE LIMITED VS. KHYODA APIK [LAWS(CAL)-2011-5-30] [REFERRED TO]
CHARU K MEHTA VS. LILAVATI KIRTILAL MEHTA MEDICAL TRUST [LAWS(BOM)-2012-3-97] [REFERRED TO]
PROJECT NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. KRISHNASAMY GOUNDER [LAWS(MAD)-2011-8-180] [REFERRED TO]
AVTAR NARAIN VS. SUBHASH CHANDER BEHAL [LAWS(DLH)-2008-10-87] [REFERRED TO]
AGRICULTURAL PRODUCE MARKET COMMITTEE, GARHWA VS. SARYU PRASAD GUPTA [LAWS(JHAR)-2014-4-14] [REFERRED TO]
OM PARKASH VS. SOHAN LAL [LAWS(HPH)-2003-12-18] [REFERRED]
K.G. TOSHNIWAL VS. ADDL. DIRECTOR GENERAL OF FOREIGN TRADE [LAWS(GJH)-2014-3-70] [REFERRED TO]
AGRICULTURAL PRODUCE MARKET COMMITTEE VS. SARYU PRASAD GUPTA [LAWS(JHAR)-2014-5-76] [REFERRED TO]
UNION OF INDIA (UOI) VS. STEEL AUTHORITY OF INDIA LTD. [LAWS(ORI)-2014-9-39] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. KRISHI UPAJ MANDI SAMITI [LAWS(MPH)-2010-2-120] [REFERRED TO]
FEDERAL MOGUL BEARING INDIA LTD. VS. PRIT PAL [LAWS(HPH)-2014-12-140] [REFERRED TO]
GH. MOHI VS. ANGURANA & ORS. [LAWS(J&K)-2013-2-29] [REFERRED TO]
RAKSHIT NATWARLAL PATEL VS. TUSHAR NATWARLAL PATEL [LAWS(GJH)-2015-9-238] [REFERRED]
MOHANLAL CHANDMAL PHAFAT AGED MAJOR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-2-1] [REFERRED TO]
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY VS. FARE FIXATION COMMITTEE [LAWS(BOM)-2017-12-142] [REFERRED TO]
ACHAYIYATH SARADA VS. SHANMUDHAM [LAWS(KER)-2018-3-37] [REFERRED TO]
SATLUJ JAL VIDYUT NIGAM VS. RAJ KUMAR RAJINDER SINGH (DEAD) THROUGH LRS & ORS [LAWS(SC)-2018-9-66] [REFERRED TO]
ACHAYIYATH SARADA VS. A. SHANMUGHAM [LAWS(KER)-2018-3-869] [REFERRED TO]
AHMEDNAGAR MUNICIPAL CORPORATION, VS. SHAHAR PALIKA KAMGAR UNION, AHMEDNAGAR [LAWS(BOM)-2019-2-195] [REFERRED TO]
MIRA GEHANI AND ORS. VS. AXIS BANK LIMITED AND ORS. [LAWS(BOM)-2019-2-266] [REFERRED TO]
APL METALS LTD VS. MOUNTVIEW TRACOM LLP [LAWS(CAL)-2022-4-5] [REFERRED TO]
JUDGEMENT
S. N. Variava, J. -
(1.)This appeal is against a Judgment dated 25th April, 1988.
(2.)Briefly stated the facts are as follows : The appellant claims that by a Registered Deed of Settlement dated 24th April, 1954 the land was settled in favour of one Dev Narayan Prasad. On 19th Feburary 1955, by virtue of Section 3(1) of the Bihar Land Reforms Act, the land vested in the State of Bihar.The Appellant claims that the State has been receiving rent from the said Dev Narayan Prasad. On 9th February, 1962 the said Dev Narayan Prasad sold the said land to the Appellant by a registered Sale Deed.
(3.)On 18th May, 1979 a notice was issued to the Appellant under Section 3 of the Bihar Land Encroachment Act. The Appellant replied to the Notice.Whilst these proceedings were pending on 16th January 1982 a Notification was issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called the said Act). This was followed by a Declaration under Section 6 on 25th May, 1982. The Appellant filed a claim under Section 9 of the said Act. Similarly, the Circle Officer, on behalf of the State, filed a claim under Section 9 of the said Act. An Award came to be passed in favour of the Appellant on 19th February, 1985. The State filed a Reference under Section 30 of the said act for determination of the title. The State claimed that they were entitled to receive compensation. On 6th September, 1986 the Land Acquisition Judge held in favour of the Appellant. The State then filed an Appeal which was dismissed on 25th April, 1988.
(2.)Briefly stated the facts are as follows : The appellant claims that by a Registered Deed of Settlement dated 24th April, 1954 the land was settled in favour of one Dev Narayan Prasad. On 19th Feburary 1955, by virtue of Section 3(1) of the Bihar Land Reforms Act, the land vested in the State of Bihar.The Appellant claims that the State has been receiving rent from the said Dev Narayan Prasad. On 9th February, 1962 the said Dev Narayan Prasad sold the said land to the Appellant by a registered Sale Deed.
(3.)On 18th May, 1979 a notice was issued to the Appellant under Section 3 of the Bihar Land Encroachment Act. The Appellant replied to the Notice.Whilst these proceedings were pending on 16th January 1982 a Notification was issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called the said Act). This was followed by a Declaration under Section 6 on 25th May, 1982. The Appellant filed a claim under Section 9 of the said Act. Similarly, the Circle Officer, on behalf of the State, filed a claim under Section 9 of the said Act. An Award came to be passed in favour of the Appellant on 19th February, 1985. The State filed a Reference under Section 30 of the said act for determination of the title. The State claimed that they were entitled to receive compensation. On 6th September, 1986 the Land Acquisition Judge held in favour of the Appellant. The State then filed an Appeal which was dismissed on 25th April, 1988.
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