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

Court : Mumbai Goa

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 … 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

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

Court : National Green Tribunal Principal Bench New Delhi

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 … dumps/overburden separately in terms of Rules 16 and 33 of the MCDR, 1988. The appellant responded to … ‘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

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 … Nookala Rajamallu and Ors. : (2003) 12 SCC 334 (para 9), the Apex Court observed:9. It can

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

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 … the actual value ought to have been Rs. 334.65, whereas what has been awarded was only Rs.

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 … deductions made for development at one third i.e. 331/3% and 40% for the smallness of area of … 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,

Vimal Bhai and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : National Environment Appellate Authority Act, 1997 - Sections 3, 4, 5(1), 5(2), 5(3), 6, 7, 9, 10, 11(1), 12, 15, 19, 22 and 22(2); Environment (Protection) Act, 1986 - Sections 3(2); National Environment Appellate Authority (Salary, Allowances and Conditions of Service of Chairperson and Vice-Chairperson) Rules, 1998 - Rules 4, 9, 10 and 12; Constitution of India - Articles 14, 21 and 226

Reported in : 158(2009)DLT477

fall in the category of Non-Coal Mining projects. These are in States other than Andhra Pradesh (AP), Chhattisgarh, Goa, Karnataka, Kerala, Maharashtra and Tamil Nadu. As regards the remaining States as many as 335 projects have been … The Forest Service Officers were not expected to have expertise in the area of environment. Therefore, the qualifications of these Members did not satisfy the … regards the residential accommodation, the Ministry of Urban Development informed that the Chairperson would only be allotted … Chairman and other Members of the National Environment Appellate Authority (NEAA) constituted under the National Environment Appellate Authority Act, 1997 ('NEAA Act').Background2. The aforementioned writ petition was filed in this Court by social activists engaged in the field … where the Respondent Union of India has not only not obeyed the mandamus issued to it by this Court but continues to defy it by … of the NEAA Act and the Rules. Under Section 22 NEAA Act, the Central Government can by … As regards the remaining States as many as 335 projects have been granted environment clearance from September

Narmada Bachao Andolan Vs. State of M.P.

Court : Supreme Court of India

Subject : Property

Acts : Land Acquisition Act, 1894; General Clauses Act, 1897 - Section 21; Constitution of India - Article 166(2) and (3), 37, 38, 39(a), (b), (e), (f), 41, 43, 46, 47, 77(3) ; Business Rules - Rule 7(8) of Part 2; Defence of India Act, 1939 - Section 5(2)

the displaced families would be rehabilitated maintaining existing structure of social groups as far as possible, in the command area or near the periphery of the affected areas in accordance with their preferences. Relevant provisions of the R … to the notifications do not comply with the requirements of the Business Rules framed by the Government of Goa under the provisions of Article 166(3) of the Constitution and the notifications are the result of the decision … landless labourers; to declare the order dated 7.6.1991 passed by Narmada Valley Development Department (hereinafter called NVDD) amending para 5.1 of the Re- settlement and … offered or private land is purchased for allotment. 33. The policy makes it clear that there was … value of their land had also been assessed under the Land Acquisition Act, 1894 (hereinafter called `the Act 1894'). Person aggrieved, if any, can approach … out in accordance with the procedure prescribed under Section 21 of the General Clauses Act, 1897 as