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Allotment of Land — Irregularity — Public Interest Litigation — Demolition vs. Regularisation — The court must balance the wrong committed with the current reality and socio-economic consequences — Demolition of a fully operational commercial complex, involving significant investment, employment, and tax revenue, may not serve public interest if financial restitution is possible. All India Service (Death-cum-Retirement Benefits) Rules, 1958 — Rule 16(2A) — Voluntary Retirement — Acceptance by Central Government — Central Government has the ultimate authority to accept or reject a Voluntary Retirement (VRS) notice — It is not bound by the State Government’s recommendation and must apply its mind to all relevant facts and circumstances — This power is not unconstrained and is guided by DoPT Guidelines, requiring consideration of pending or contemplated disciplinary proceedings that could lead to a major penalty — The Central Government can accept a VRS request even if a major penalty is possible, but this requires a conscious and well-informed decision — Appeals allowed, order of Central Government rejecting VRS set aside, and matter remitted for fresh consideration. Environment Law — Illegal Sand Mining — Supreme Court’s directions for States to file compliance affidavits — Court expresses displeasure at Rajasthan’s lacklustre response and apathy in implementing directions affecting National Chambal Sanctuary — Rajasthan directed to ensure personal presence of senior officers with compliance reports — Court also directs Madhya Pradesh to address issue of unregistered vehicles. Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1991 — Temporary status casual labourer — Entitlement to pensionary benefits — Held, entitled even in the absence of formal regularisation, provided eligibility criteria under Rule 10(1-B) of CCS (Temporary Service) Rules, 1965, are fulfilled. Hindu Succession Act, 1956 — Sections 8, 10, 19 — Property of a male Hindu dying intestate — Devolution of property — Heirs taking property as tenants-in-common and not joint tenants — Each heir having a definite and separate share — No presumption of coparcenary property.—-Section 8 — Property inherited by a son from his father — Son takes the property in his individual capacity and not as karta of his own Hindu Undivided Family — Descendants of the heir do not acquire rights in such property by birth.
Service Matters

Service Law–Appointment–Cancellation of—State Government cancelled the appointment of Law officers due to misconduct–During the pendency of appeal term of appointment expired by efflux of time so even on merits setting aside of orders would be of no help—However, order of termination due to misconduct modified to one under termination by pleasure along with payment of one month’s retainer in lieu of notice

(2017) AIR(SCW) 4425 : (2017) 3 AIRBomR(Cri) 802 : (2017) AIR(SC) 4425 : (2017) 6 BCR 416 : (2017) 3 ESC 603 : (2018) 156 FLR 275 : (2017) 4 LawHerald(SC) 2743: (2018)…

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, S.24—Lapsing of Proceedings—Non-acceptance of compensation—Whether deposit of compensation amount with treasury is valid tender—Whether interest is payable on amount deposited in treasury—Whether non acceptance of compensation by land owners would result in lapse of proceedings—Matter referred to larger bench.

(2018) 1 AllWC 372 : (2018) 1 BCR 1 : (2017) DNJ 1120 : (2018) 1 KarLR 151 : (2017) 4 LawHerald(SC) 2954 : (2018) 1 RCR(Civil) 431 : (2017) 6 RecentApexJudgments(RAJ) 440 :…

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