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Maya Shrikant Sawant Dessai Vs. The Chief Secretary Government of Goa, ...

Court : Mumbai Goa

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 … Goa, Margao, allowing the application filed by the respondents for rejection of the plaint filed by the Appellant. 4. The Appellant has filed a suit contending that she is the one of the registered farmers in the

Maya Shrikant Sawant Dessai Vs. The Chief Secretary Government of Goa, ...

Court : Mumbai

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 … Goa, Margao, allowing the application filed by the respondents for rejection of the plaint filed by the Appellant. 4. The Appellant has filed a suit contending that she is the one of the registered farmers in the

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 … 5% for external service connection A........ 1,00,636.00VII) Add 4% for power plugs on 'A'....... 80,508.80VIII) Add 1% … 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

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 … evident that for public purpose, namely, 'construction of residential Colony', on 10.3.1998, the State Government issued Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), which was published in the Official … 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

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 … value, the appellants shall be paid interest @ 9% per annum from 19.2.1997 i.e. date of notification under Section 4 of the Act till 18.2.1998 and thereafter @ 15% per annum till the date of deposit of compensation. … 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

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

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 … permissible;e) In view of the fact that the area being designated as residential congested by houses on … 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 … the Special Land Acquisition Officer, Surat before the High Court it has been specifically asserted that notification under Section 4 in the Official Gazette was published on 09.03.1989, public notice displayed at the office of Mamlatdar of the … 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

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

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 … any other item in the agenda of the 4th meeting of GSCE. The Town and Country Planning

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 … Advocate General, appearing for respondents no. 1 to 4 in Writ Petition No. 555/2009 and for respondents … 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