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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 … which by order dated 07/03/2007 and corrigendum dated 23/03/2007 approved the plans. After that, the Mapusa Municipal

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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 … Wangdi, J. 1. Writ Petition (C) Nos.22 and 23 of 2012 were originally filed before the Hon … 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

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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 assessee's objection to levy interest under Section 234B in the light of the provisions of the

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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 … residents with the Captain of Ports. Thereafter on 23.06.1993 the above Writ Petition came to be filed

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May 06 2013

G. Sundarrajan Vs. Union of India and Others

Court : Supreme Court of India

Decided on : May-06-2013

Subject : Land Acquisition

related to atomic energy. DAE deals with the development and implementation of nuclear power and related nuclear … administer the provisions of the Factories Act 1948, the industrial safety for the units of DAE as per Section 23 of the Act. The AERB under its programme of developing Codes and Safety Guides issued four Codes of … the broad contours of a legally binding agreement. Some of the policy frameworks relate to preventing WMD Proliferation, goals of prompting nuclear power and achieving nuclear energy, expeditious consideration of fuel steps for safeguarded nuclear reactors etc. … the setting up of the first Nuclear reactor in a Doubles quash Court at Slagg Field, at the Chicago University, USA. Since then, it is … local requirements and develop safety policies in both radiation and industrial safety areas. ii) Ensure compliance by DAE and non-DAE installations of safety codes and

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May 06 2013

G.Sundarrajan Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : May-06-2013

Subject : Land Acquisition

related to atomic energy. DAE deals with the development and implementation of nuclear power and related nuclear … administer the provisions of the Factories Act 1948, the industrial safety for the units of DAE as per Section 23 of the Act. The AERB under its programme of developing Codes and Safety Guides issued four Codes of … the broad contours of a legally binding agreement. Some of the policy frameworks relate to preventing WMD Proliferation, goals of prompting nuclear power and achieving nuclear energy, expeditious consideration of fuel steps for safeguarded nuclear reactors etc. … REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPEALLATE JURISDICTION CIVIL APPEAL No.4440 OF 201.(Arising out of … local requirements and develop safety policies in both radiation and industrial safety areas. ii) Ensure compliance by DAE and non-DAE installations of safety codes and

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Jan 24 2020

Smt Jayamma Vs. The State of Karnataka

Court : Karnataka

Decided on : Jan-24-2020

Subject : Land Acquisition

Gupta and Another reported in (2017) 2 SCC538Judicial review paragraph 43; (iii) (2017)2 SCC144repugnancy paras-22 and 23; (iv) Goa Glass Fibre Ltd., -vs- State of Goa reported in (2010) 6 SCC499Validity and Judicial review para 27; (v) … also at the hands of their very own family members and the development of law cannot be mute spectator to struggle for the realization and … mechanism to 54 deliver just, fair and reasonable expectations, judicial review of the administrative action has played a commanding role. Revealing many interesting facets even in the changed scenario, the directions given by the court remained firm … to legislative judgments in the field of economic regulation than in other areas where fundamental human rights are involved. Nowhere this admonition has been more … in Writ Petition No.6872/2013 and 12485/2013 the Honble Acting Chief Justice by the order dated 8.4.2019 referred … Assistant Commissioner as an Appellate 4 Authority under Section 136(2) of the Act and Rule 69 of

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Sep 14 2009

Deepak Rohal and anr. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Decided on : Sep-14-2009

Subject : Property

State of Gujarat : (1989) 4 SCC 250, Nelson Fernandes and Ors. v. Special Land Acquisition Officer, South Goa and Ors. : (2007) 9 SCC 447}.29. The market value is the price that a willing purchaser would … per bigha, considering that the instant acquired land is situated in an area which is commonly known as New Shimla, a new and separate township … 30%. Further, the Lease Deeds were executed in 1997 much after the allotment stood made and there … land and payment of compensation are now settled.28. The market value of a property for the purposes of Section 23 of the Act is the price at which the property changes hands from a willing seller to a … or admission on behalf of the claimants as to the market value commanded by the acquired land itself, the need to travel beyond the boundary … township set up by the State where all developmental activities had already taken place. Prior to the

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Oct 17 2014

Kapil Mehra and ors. Vs. Union of India and anr

Court : Supreme Court of India

Decided on : Oct-17-2014

Subject : Property

A10 and deducted 40% from the average price towards smallness of the area and further deducted one third towards development of land and fixed the … to determine the market value.” 19. Referring to Hans Raj’s case in Anjani Molu Dessai vs. State of Goa And Anr., (2010) 13 SCC710 this Court held as under:- “20. The legal position is that even where … make a big difference in attracting willing buyers. A freehold land normally commands higher compensation while the land burdened with encumbrances secures lesser price. The … that the appellants shall be entitled to 30% solatium on the above market value of the land under Section 23(2) of the Act and 12% of the additional amount under Section 23(1-A) of the Act. The High Court

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Feb 28 2006

Sandeep Dwellers Pvt. Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Decided on : Feb-28-2006

Subject : Service

Acts : Employees Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 1, 1(3), 1(5), 1(2), 2, 7, 7A, 7A(2), 7(C), 7I, 16, 19A, 20, 21 and 22; Employees Provident Funds and Miscellaneous Provisions (Amendment) Act, 1998; Central Excises Act, 1944 - Sections 35 and 37B; Uttar Pradesh Secondary Education Services Commission and Selection Board Act, 1982 - Sections 33; Delhi Laws Act, 1912; Bihar on-Government Elementary Schools (Taking Over of Control) Act, 1976 - Sections 7 and 8; Employees Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988; Employees Provident Funds and Miscellaneous Provisions (Amendment) Act, 1971; Industrial Disputes Act - Sections 2

Reported in : 2006(6)ALLMR736; 2007(3)BomCR898

Matched in: Advocate V.R. Thakur, Adv. in W.P. Nos. 1064 of 2001, 2047 of 1996 and 2593 of 1997 ;R.S. Sundram, Adv. in W.P. Nos. 1064 of 2001, 2047 of 1996 and 2953 of 2007 and ;D.C. Daga, Adv. in W.P. No. 2047 of 1996 V.R. Thakur, Adv. for Respondent Nos. 6 and 7 in W.P. Nos. 1064 of 2001, 2047 of 1996 and 2593 of 1997 and ;R.S. Sundram, Adv. for Respondent Nos. 2 and 3 in W.P. Nos. 1064 of 2001, 2047 of 1996 and 2

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