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Preemption under Sec 8 of WBLR Act 1955
17-Sep-2023 (In Civil Law)
Mr X Purchased four Adjoing Plot of a,b,c & d but did not impeached Physical possesion after purchase. in the mean time Mr Y being Adjoing Land owner and co-sharer filed four misc case ( pre-emption ) under sec 8 of WBLR Act 1955 at a time for pre-emting plot a,b,c & d. In the circumstance while matter is sub juidicy Can Mr X present himself as adjoining Preemption for one and other Plot a,b,c & d?
If Mr. X is presently in physical possession of the land then the court will not disturb the enjoyment of his property, however, being a co-sharer Mr. Y has a good claim over the said land. In these circumstances, Mr. Y would take a stay on the property and ensure that no third party interest is created during the pendency of the suit.
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Adv. Samyak Raj
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What is Section 4 D of the WBLR Act?
The 1981 Amendment to Section 4D makes any change, conversion, or alteration of land, except as provided in section 4C or in violation of an order issued by the Collector a cognizable, non-bailable, offence punishable by imprisonment for a period of time.
What is Section 14C West Bengal land reforms Act?
The WBLR Act, Section 14C, prescribes how land belonging to a tribe is transferred. 30-Aug-2023
What is Section 4A of the West Bengal land reform Act 1955?
4A. There are restrictions on the rights of raiyats within the sub-divisions Sadar, Kalimpong, and Kurseong of Darjeeling District.
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