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Feb 25 2015

Maya Shrikant Sawant Dessai Vs. The Chief Secretary Government of Goa, ...

Court : Mumbai Goa

Decided on : Feb-25-2015

Subject : Land Acquisition

Command Area Development Act. Accordingly by the impugned order, the plaint was rejected. 7. Section 50 (1) of the Goa Command Area Development Act, 1997 provides a bar in respect of jurisdiction of the Civil Court. Section 50 reads as under: “50. Bar … Act, any notice issued, order passed or direction issued by the Designate Officer, under sections 260, 261, 264, 167 or 478 shall not be questioned in any suit or other legal proceedings.” Undoubtedly, if the plaintiff comes

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Feb 25 2015

Maya Shrikant Sawant Dessai Vs. The Chief Secretary Government of Goa, ...

Court : Mumbai

Decided on : Feb-25-2015

Subject : Land Acquisition

Command Area Development Act. Accordingly by the impugned order, the plaint was rejected. 7. Section 50 (1) of the Goa Command Area Development Act, 1997 provides a bar in respect of jurisdiction of the Civil Court. Section 50 reads as under: “50. Bar … Act, any notice issued, order passed or direction issued by the Designate Officer, under sections 260, 261, 264, 167 or 478 shall not be questioned in any suit or other legal proceedings.” Undoubtedly, if the plaintiff comes

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Jul 23 2010

Dahyabhai Ranchhoddas Dhobi, D.A.V.Boys Sr.Sec.School. ... Vs. State o ...

Court : Supreme Court of India

Decided on : Jul-23-2010

Subject : LandAcquisition

Acts : Land Acquisition Act, 1894 - Section 6, 11A, 6(2), 5A, 4, 11 , Chapter III

by skilful manner of management with the lower level officials.12) In Eugenio Misquita and Others vs. State of Goa and Others, (1997) 8 SCC 47, similar issue was considered by this Court. K. Venkataswami, J. speaking for … school which is not permissible;e) In view of the fact that the area being designated as residential congested by houses on either side, it is … that in view of Section 12 (2) (b) and Section 20(1) of the Gujarat Town Planning & Urban Development Act, 1976, the State Government is well within their powers in establishing a primary school in Surat. He further … As seen from the above extracts of relevant provisions, while Section 4(1) commands publication of notification under that section, Section 6 speaks of the declaration … fixed on 29.05.1989, 05.06.1989, 12.06.1989, 20.09.1989, 28.09.1989 and 16.10.1989 and the appellants were heard through their lawyer

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Jun 05 2014

Chewang Pintso Bhutia, East Sikkim and Another Vs. State of Sikkim thr ...

Court : Sikkim

Decided on : Jun-05-2014

Subject : Land Acquisition

State of Sikkim. This was then followed by the order dated 04-12-2006 in WP(C) No.460 of 2004, i.e., the Goa Foundation case (supra) observing that .. The Ministry is directed to give a final opportunity to all States/Union … Denjong Neyig (guide to the sacred locations of Sikkim) explicitly mentions that area lying at the stretch of Khangchendzonga-Yuksam-Tashiding alongside the Holy Rathong Chu river … State of Sikkim and Others said Project in 1997 in deference to the religion, history and culture … money. 8. In the above premises, the Petitioners have prayed for (i) A writ in the nature of mandamus directing the Respondent State to cancel the 97 MW Tashiding Hydro Electric Project. (ii) A Writ in the … The effect of these Notifications, as per the Petitioners, is that the developmental activity is strictly prohibited at the sacred sites or in close vicinity … under Section 5A of the Wild Life (Protection) Act, 1972. Respondent No.4, Shiga Energy Private Limited is … crores for shareholding of 37.1% in Respondent No.4. 16(i). Before dealing with the rival contentions of the

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Feb 21 2002

Dominic Dias Margaao Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Panji

Decided on : Feb-21-2002

Subject : Land Acquisition

Reported in : (2003)87ITD1Panji

whom the property was purchased having been admitted to the benefits of the said firm in 1960 (M/s Goa Chitrapur Bus Service) when he was a minor on the basis of capital provided by his father and … brought anything on record to repel the factual superiority of the land and the high price it did command in 1981 as established by the foregoing facts. In our opinion, the AO was in error in rejecting … Chief Officer had also informed that the population of the Canacona Municipal area as per the 1991 census was 10,446. So it is wrong to … (6) The fact that the land was not marked as agricultural in development plans in 1981 or now. (7) The open unrestricted conversion and construction … confirmed vide his letter No.CMC/Admn/Sec/Gen/39/97-98/863 dt. 7th Oct., 1997, that the property known as Quandeli Baga situated … that the proceedings under Section 147 of the Act were properly initiated with sufficient ground for issue … the copies of sale deeds in compilation p. 165 and submitted that there are registered sale transactions

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Jun 29 2015

The Goa Foundation and Another Vs. The North Goa Planning and Developm ...

Court : Mumbai Goa

Decided on : Jun-29-2015

Subject : Land Acquisition

from the hotel promoter to make appropriate changes. The Panjim Draft Outline Development Plan (ODP) was notified for the public objections and the hotel area … final ODP was notified on 11.01.1990 whereby the hotel site is zoned as commercial. The respondent no.2 constituted the Goa State Committee on Environment (GSCE) which replaced the EDC and ECC on 26.07.1990 and their decisions were placed … city of Pune and suggested schemes which took the shape of orders issued by the G.O.C.-in: Chief, Southern Command and amendments in the bye-laws by the Cantonment Board. The petitioners did not acquire any legal right in … for 99 years for an annual rent of Rs.43,277.30 paise for an area of 15,666 square metres at Gaspar Dias beach. The Government thereafter acquired … of the plans in the year 1996 and/or 1997 disclosed a proposed road between the hotel project … CRZ Notification was issued under the Environment Protection Act, 1986 whereby the areas within 500 metres of … principle of constructive res judicata in terms of Section 11 of the Civil Procedure Code. 10. It … and subsequent revisions/ extensions dated 27.3.1995, 1.10.1996 and 16.07.1997 to the construction of the respondent no.7 and

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May 02 2013

Smt. Iris D'Mello Alias Iris D'Mello Travasso Others Vs. State of Goa, ...

Court : Mumbai Goa

Decided on : May-02-2013

Subject : Land Acquisition

Goa Government appointed the Sawant Committee in January, 1997 and Karapurkar Committee in September, 2000 to identify … the petitioners in each case, for conversion of land from agricultural to non-agricultural purposes under Section 32(1) of the Goa, Daman and Diu Land Revenue Code, 1968. (the Code, for short). The petitioners have prayed for a writ … respondent no. 3, by which the petitioner has been informed that the area under P.T.S. No. 77 of Mapusa City is figuring in the list … No. 286 of 2003, this Court directed that no permission for further development or change of zoning should be granted until the Apex Court finally … and Diu Land Revenue Code, 1968. (the Code, for short). The petitioners have prayed for a writ of Mandamus or any other appropriate writ, direction or order, directing the respondent no. 3 to grant NOC for conversion … Apex Court has directed that all on-going non-forest activities in the forest lands which do not have … of Writ Petition No. 382 of 2010 admeasures 1645 square metres and is the northern part of

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Dec 10 2013

Smt. Maria Teresa Philomena D'Rocha Pegado Vs. State of Goa, through t ...

Court : Mumbai Goa

Decided on : Dec-10-2013

Subject : Land Acquisition

is oncerned, in the said case, the petitioners therein had challenged the cess levied under the U.P. Special Area Development Authorities Act on minor minerals. The Apex Court, by majority judgment on the ground of legislative competence upheld … B.R. Gavai, J. The petitioner has approached this Court praying for a declaration that Rule 5 of the Goa Minor Mineral Concession (Amendment) Rules, 2002 is unconstitutional, illegal and ultra vires Section 15(1)(1A)(d)(h) of The Mines and … September, 1988, the petitioner's husband expired. Thereafter, in the month of May, 1997, the petitioner gave three months' notice to respondent No.2, before expiry of … necessary for the proper enjoyment of such right. 16. In this background, we will have to consider … Act, 1957. The petitioner has also prayed for a writ of mandamus, commanding respondents No.1 and 2 to cancel the quarry lease executed between them

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May 09 2013

M/S. Lithoferro a Partnership Firm Represented by Its Partners and Oth ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : May-09-2013

Subject : Land Acquisition

steps for conservation and development of minerals in India. Section 17 of the Mines and Minerals (Regulation and Development) Act, 1957 authorises the Central Government itself to undertake prospecting or mining operations under any area not already held … grants are stated to be permanent grants conferring proprietary rights upon them. However, on coming into force of the Goa, Daman and Diu Mining Concessions (Abolition and Declaration as ‘Mining Lease) Act, 1987 (for short ‘the Abolition Act), … Court by filing a writ. The writ was dismissed on 20th June, 1997. Being aggrieved from the judgment of the High Court, the appellants had … stack the dumps/overburden separately in terms of Rules 16 and 33 of the MCDR, 1988. The appellant … ‘where art thou? Hast thou not eaten of the tree whereof I commanded thee that thou shouldest not eat? ”Since then the principle has been

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Jul 09 2001

Dioga Antao Vs. Chief Officer, Mormugao Municipal Council and anr.

Court : Mumbai

Decided on : Jul-09-2001

Subject : CivilProperty

Acts : Goa, Daman and Diu Town and Country Planning Act, 1975 - Sections 52; Constitution of India - Article 226

Reported in : 2002(1)BomCR334

Officer, Mormugao Municipal Council, calling upon the Municipal Council to take action in terms of the provisions of the Goa Municipalities Act. 10. It is the grievance of the applicants that in view of the illegal construction of … is concerned, the petitioner had filed Writ Petition No. 231/99 seeking reliefs inter alia for a writ of mandamus to Vasco Planning and Development Authority for issue of NOC in respect of the revised plans and for … which was purchased by Koshy Builders pursuant to the agreement, the total area of the plot being 486 sq. metre. M/s. Koshy Builders submitted plans … carried out by Koshy Builders before various authorities right from the year 1997 and that a complaint has been filed by one of its members … Koshy Builders to show cause why action under section 52 of the Town & Country Planning Act, … and hence they have addressed a communication dated 16-2-99 calling upon Vasco PDA to take action in

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