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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

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 … is constructed on the property bearing Chalta Nos. 40, 43, 77, 78 and 81 of P.T. Sheet … Koshy Builders to show cause why action under section 52 of the Town & Country Planning Act,

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 … respondent No.3, in respect of an area admeasuring 40,000 sq. metres with effect from 1st October, 1998. … 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

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,

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) … of their very own family members and the development of law cannot be mute spectator to struggle … Act, 1908, in 113 Venkatarama Rao v. Venkayya [AIR1954Mad 788]. . There, certain tenants filed a petition under Section 40 of the Madras Estates Land Act, 1908, in the Revenue Court for commutation of rent against the landholders. … 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 … 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

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 … Sq.Mtrs. RW-2/G Sale Deed 30.3.98 Pateog 0-4 biswas 40220/-267.20 per Sq.Mtrs. Ext.PX-1 Award Dated 29.9.2003 Notification u/s

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 … Faridabad, for public purpose, namely, for construction of 400 MW Faridabad Gas Based Power Project with an

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