AIR Law Lines - Point Extract
(A)
Civil & Constitution
Zilla Parishad
Suit Against Zilla Parishad
Prior Notice - When Not Necessary
— Allegation was made that while constructing primary school building excess portion of land was utilized resulting into encroachment over land of plaintiff. Case of plaintiff that act of encroachment by Zilla Parishad was illegal act and that it had no right, title or interest in land to undertake construction. Burden was on defendant to plead and prove that act committed by it resulting in encroachment was consequence of act done or purported to have been done in pursuance of provision of Act. Defendant was failed to prove it. It was not necessary to issue notice u/S. 280. Also there was no requirement of filing suit within limitation prescribed by S. 280 (1).
In Headnote:
- Samities Act (5 of 1962) S. 280 —
Suit against Zilla Parishad — Prior Notice — Necessity — Allegation
In Headnote:
- Zilla Parishads and Panchayat Samitis Act (5 of 1962) , S.280—
Suit against Zilla Parishad - Bar - (B) Maharashtra Zilla Parishads and Panchayat Samitis Act (5 of 1962) , S.280—
Suit against Zilla Parishad
J
J
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