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Thota Sayyed and anr. Vs. Flag Officer Commanding and anr.

Court : Mumbai

Subject : CivilProperty

Acts : Goa Panchayat Raj Act, 1994; Constitution of India - Article 226

Reported in : 2006(1)ALLMR508; 2006(1)BomCR781

the Planning and Development authority (for short 'PDA'), Vasco da Gama, and the Village Panchayat at Chicalim, under the Goa Panchayat Raj Act, 1994. They also obtained prior approval for construction from the Assistant Engineer, Public Works Department … compound wall = 40.00 m.VALUATION :- Based on plinth area rates for 1997 vide circular No.85/1/9 7- SSW -PWD dt. 8.8.97a) Compound walls with 30 … Engineer, Works Division IV, PWD, it is recorded that the built up area of the bungalow was 353.12 sq.mts. and the porch area was 8.94 … The petitioners have prayed for issuance of writ of mandamus or an order or direction in that nature, commanding the respondents to pay compensation in the sum of Rs. 75,00,000/- alongwith interest at the rate of 18% … windows were of teak wood and the heavier sections were used. Electrical fittings of good quality were … 2002, for the Financial Year 2002-2003, prepared on 29th October, 2002 after the crash, the respondents have

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

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

Court : Sikkim

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 … their rights to conserve their culture under Article 29 thereto have been infringed by the State in … 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

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 … A. Nagarsenkar, the agricultural valuer was submitted on 29th Jan., 1998. In his report Shri Nagarsenkar valued

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 … relating to the sanctions granted vide order dated 29.11.1991 and subsequent revisions/ extensions dated 27.3.1995, 1.10.1996 and

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,

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 … Others reported in 2019 (2) Supreme Page 524 29 paragraph-8 to the effect that the rule of … 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

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 … out of a common judgment and order dated 29.05.2004 passed by the High Court of Punjab and

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

Court : Mumbai

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

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 … and one burdened with encumbrances do 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 fact of a tenant in occupation … NCT of Delhi under Sections 4 and 17 of the Land Acquisition Act, 1894 (the Act) proposing to acquire the land of the appellants measuring … Building Department, Govt. of NCT of Delhi under Sections 4 and 17 of the Land Acquisition Act,