2019 AIR CC 1111 (JHA) ::2019 (1) AJR 702 ::(2018) 4 JLJR 661 ::(2019) 2 JCR 127 (JHA) ::(2019) 196 AllIndCas 574 (JHA)

Jharkhand High Court

Hon'ble Judge(s): Anubha Rawat Choudhary , J

(A) Jharkhand Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (12 of 1962) , S.16(3)— Pre-emption - Application for - Change in land use during pendency of application - Would not have bearing on right of pre-emptor - Refusal to grant pre-emptory rights on ground that subsequent purchaser had started construction on it and thus nature of land changed from agricultural to residential - Not proper - Date relevant for consideration of claim is date on which application is filed. (Para 27 29 30) (B) Jharkhand Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (12 of 1962) , S.16(3)— Right of pre-emption - Claim for - Cannot be defeated merely because petitioner did not exercise his right to take possession of property pending his application for pre-emption. 2007 (3) AIR Jhar R 306, Disting. (Para 32 33) (C) Jharkhand Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (12 of 1962) , S.16(3)— Right of pre-emption - Claim for - Petitioner claiming right of pre-emption on basis of sale deed - Respondent controverting said claim on gro....