Digi - Legal Insights

Deemed conveyance application is maintainable despite res judicata plea; however, conveyance must exclude separately occupied structures and proportionate land.

Unauthorized Construction and Regularization-Panchayat has no authority to regularize illegal constructions made without requisite permissions.

Pre-emption Rights of Co-owners-Co-owners have a right of pre emption to purchase undivided share sold to third parties if willing to pay the same price.

Liability primarily rests on the individual as defined under municipal laws; excess tax must be refunded with interest or adjusted against other dues.

Registered title v. unregistered interest-Later registered sale prevails over earlier unregistered equitable mortgage.

Corrigendum altering land area – Competent Authority cannot expand conveyance area under garb of corrigendum.

Long possession without animus and proof of adverse title does not confer ownership against State.

Respondents entitlement as a successor based on power of attorney was also rejected, leading to conclusion that land reverts to government control until the succession issues are resolved.

Regulations 2020 are issued by State of Maharashtra as per provisions of Act and there is backing of law to recover such infrastructure cost.

Long possession without animus and proof of adverse title does not confer ownership against State.

Deemed conveyance application is maintainable despite res judicata plea; however, conveyance must exclude separately occupied structures and proportionate land.

Unregistered agreement bars defendant from claiming protection under Section 53A; prohibition under Project Affected Act validates decree for possession.

Presumptive Value of Mundkar Status - Registered Mundkar status carries presumptive validity unless rebutted with cogent evidence; concurrent factual findings cannot be disturbed under Article 227.

Illegal Encroachments on Government Land - Illegal encroachments on government land must be removed following statutory processes.

Proof for Tenancy Claims - Claims for tenancy under the Goa Agricultural Tenancy Act must be supported by credible documentary evidence of possession and cultivation.

Land Revenue - Sanad granting occupancy rights is a perpetual and heritable grant making holder an Occupant Class I under Section 29(2)(a) MLRC, and resumption of such land as lease expiry is illegal.

Under the Andhra Pradesh Land Grabbing (Prohibition) Act, once applicant proves prima facie ownership, burden shifts to alleged grabber, and unauthorised possession without lawful entitlement constitutes land grabbing.

Injunction cannot be granted to restrain owner from redevelopment when tenancy rights are disputed and balance of convenience favors owner, as such disputes require trial-level scrutiny.