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

Court : Supreme Court of India

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 … already been deposited with the Government Treasury on 27.05.1992. In view of the above information, the contention

Lingegowd Detective and Security Chamber (P) Limited Vs. Mysore Kirlos ...

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 2, 3, 3(1), 5, 5(2), 26(3) and 27; Constitution of India - Articles 14, 21, 23 and 258; ;Contract Labour (Regulation and Abolition) Act, 1970

Reported in : AIR2006SC1967; [2006(109)FLR1009]; JT2006(5)SC452; 2006(4)KarLJ461; 2006(2)KLT68(SC); (2006)IILLJ762SC; RLW2006(3)SC2202; 2006(5)SCALE227; (2006)5SCC180; 2007(1)SLJ11(SC)

in a school are workmen under the Industrial Disputes Act had observed in A. Sundarambal v. Govt. of Goa, Daman & Diu. : (1989)ILLJ61SC (Underlined for emphasis)In this case, it was held that the Statute cannot be … to a body which has the means to do so at its command the legislation will not be exposed to the attach of unconstitutionality, in … Patel Ishwerbhai Prahladbhai etc. etc. v. The Taluka Development Officer and Ors. : (1983)ILLJ237SC , it was … from the date of its issue. There is only one more section which needs to be mentioned; i.e. Section 27 which empowers the appropriate government to add to either part of the Schedule any employment in respect of … decide to what employments the Act should be extended and in what areas. Section 5(2) empowers the appropriate government to fix or revise minimum wages

Dominic Dias Margaao Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Panji

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 … Co. (P) Ltd. who purchased the same on 27th Oct., 1994, for a consideration of Rs. 1,69,56,000

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

Court : Mumbai Goa

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 … order dated 29.11.1991 and subsequent revisions/ extensions dated 27.3.1995, 1.10.1996 and 16.07.1997 to the construction of the

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

Court : Mumbai Goa

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 … respondent No. 2 had issued a Certificate dated 27/10/2006 stating that in terms of Government order dated

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

Court : Mumbai

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, … the construction of the said 40 flats is 27.50% as against 40% available and that the total

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

Court : Himachal Pradesh

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 … SCC 467},31. If there is evidence 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 of the acquired land is obviated. … a new and separate township set up by the State where all developmental activities had already taken place. Prior to the acquisition of the land … Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), which … v. Purya and Ors. : (2004) 8 SCC 270.22. Testimony of RW-1 is of not much use

Smt Jayamma Vs. The State of Karnataka

Court : Karnataka

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

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

Court : Supreme Court of India

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 … interest on the enhanced amount as provided in Section 28 of the Act and costs in terms of Section 27. The Collector has the duty to deposit these amounts pursuant to the deemed decree thus passed. This has … 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

Faridabad Gas Power Project, Ntpc Ltd., Etc. Vs. Om Prakash and ors., ...

Court : Supreme Court of India

Subject : Civil

Acts : Land Acquisition Act, 1894 - Sections 4, 4(1), 18, 23 and 54; Madhya Pradesh Town Improvement Trust Act, 1960

Reported in : 2009(2)AWC1936(SC); JT2009(4)SC461; 2009(2)SCALE219; (2009)4SCC719

and, indeed the best evidences of market value. Nelson Fernandes and Ors. v. Special Land Acquisition Officer, South Goa and Ors. : (2007)9SCC447 is the ratio to similar effect.8.11 In Ranjit Singh and Ors. v. Union Territory … market value of the land at village Sihi, which was acquired for development of Sector-II, Faridabad vide preliminary notification dated 23.11.1992 at the rate of … held that if there is evidence 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 of the acquired land is obviated. … acquired land is situated in different villages far away from the urban areas of Faridabad - Ballabgarh towns and did not possess any potentiality other … preferred under Section 18 of the Land Acquisition Act, 1894. Since common questions of facts and law … of Sector 20-B Faridabad; copy of judgment dated 27.10.1997 (Ex. P9) passed by Additional District Judge in