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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 … 2. Calling for record and proceedings is dispensed with in view of the nature of the order impugned. 3. By this appeal, the Appellant challenges the order dated 21 July, 2014 passed by the District Judge, South

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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 … 2. Calling for record and proceedings is dispensed with in view of the nature of the order impugned. 3. By this appeal, the Appellant challenges the order dated 21 July, 2014 passed by the District Judge, South

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Sep 13 2005

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

Court : Mumbai

Decided on : Sep-13-2005

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 … are the owners in possession of plot Nos. 32 and 35 both adjoining each other in Survey

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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 … No. 5663 of 1990 with Civil Application No. 3458 of 2006 whereby the High Court dismissed the

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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 … 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 … Notifications, as per the Petitioners, is that the developmental activity is strictly prohibited at the sacred sites … the Respondent No.3, the NBWL) has not yet been complied with although it was issued in pursuance to Section 3(1) read with Sections 3(2)(i), 3(2)(v) and 3(2)(vi) of the Environment (Protection) Act, 1986 and also Section 5C and

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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 … sake of convenience. The assessees at Sr. Nos. 3 and 4 are the spouses of Mr.Dominic Dias … that the proceedings under Section 147 of the Act were properly initiated with sufficient ground for issue

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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 … that purpose. The lease deed was executed on 30.04.1979 by the respondent no.2 with M/s Palm Hotels

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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

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 … 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 … 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 … 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 … Apex Court has directed that all on-going non-forest activities in the forest lands which do not have

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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 … husband expired. Thereafter, in the month of May, 1997, the petitioner gave three months' notice to respondent … mining lease otherwise than in accordance with the provisions of the said Act and the rules made thereunder. Sub-section (3) thereof provides that the State Government may, after prior consultation with the Central Government and in accordance with … 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), … writ. The writ was dismissed on 20th June, 1997. Being aggrieved from the judgment of the High … in the official gazette, to make rules in respect of all or any of the matters referred in Section 3, which in turn empowers the Central Government to take measures to protect and improve the environment. Section 6, … ‘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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