Court : Delhi
..... that new bye-law 4 (2) does not take into account the most vital factum of impossibility of construction in certain areas with the lutyens bungalow zone ( lbz ) and prohibited or regulated area under the ancient monuments and archaeological sites and remains act, 1958. ..... the proviso to section 63 (1) of the ndmc act states that in respect of any land or building the standard rent of which has been fixed under the delhi rent control act, 1958 ( drc act ), the rateable value thereof "shall not exceed the annual amount of the standard rent so fixed.". ..... broadly it is sought to be contended that the uam cannot be introduced by way of the new impugned bye-laws without amending the new delhi municipal act, 1994 ( ndmc act ) which even as of today contemplates determination of the rateable value on the basis of the annual rent at which the land or building might reasonably be accepted to be ..... of india (1989) 4 scc187it is held that the validity of a subordinate legislation can be challenged if it is ultra vires the constitution or the governing act or to the general principles of the laws of the land or is so arbitrary or unreasonable that no fair minded authority could ever have made it. ..... (c) 3348/2010 & connected matters page 15 of 40 reserved to be urged at the appropriate time in future if the same is available, when the ndmc act is amended to bring about the change in the system of determination of the rateable value of land and building for the purposes of the levy of the property .....
Tag this Judgment!Court : Delhi
..... that new bye-law 4 (2) does not take into account the most vital factum of impossibility of construction in certain areas with the lutyens bungalow zone ( lbz ) and prohibited or regulated area under the ancient monuments and archaeological sites and remains act, 1958. ..... the proviso to section 63 (1) of the ndmc act states that in respect of any land or building the standard rent of which has been fixed under the delhi rent control act, 1958 ( drc act ), the rateable value thereof "shall not exceed the annual amount of the standard rent so fixed.". ..... broadly it is sought to be contended that the uam cannot be introduced by way of the new impugned bye-laws without amending the new delhi municipal act, 1994 ( ndmc act ) which even as of today contemplates determination of the rateable value on the basis of the annual rent at which the land or building might reasonably be accepted to be ..... of india (1989) 4 scc187it is held that the validity of a subordinate legislation can be challenged if it is ultra vires the constitution or the governing act or to the general principles of the laws of the land or is so arbitrary or unreasonable that no fair minded authority could ever have made it. ..... (c) 3348/2010 & connected matters page 15 of 40 reserved to be urged at the appropriate time in future if the same is available, when the ndmc act is amended to bring about the change in the system of determination of the rateable value of land and building for the purposes of the levy of the property .....
Tag this Judgment!Court : Delhi
..... that new bye-law 4 (2) does not take into account the most vital factum of impossibility of construction in certain areas with the lutyens bungalow zone ( lbz ) and prohibited or regulated area under the ancient monuments and archaeological sites and remains act, 1958. ..... the proviso to section 63 (1) of the ndmc act states that in respect of any land or building the standard rent of which has been fixed under the delhi rent control act, 1958 ( drc act ), the rateable value thereof "shall not exceed the annual amount of the standard rent so fixed.". ..... broadly it is sought to be contended that the uam cannot be introduced by way of the new impugned bye-laws without amending the new delhi municipal act, 1994 ( ndmc act ) which even as of today contemplates determination of the rateable value on the basis of the annual rent at which the land or building might reasonably be accepted to be ..... of india (1989) 4 scc187it is held that the validity of a subordinate legislation can be challenged if it is ultra vires the constitution or the governing act or to the general principles of the laws of the land or is so arbitrary or unreasonable that no fair minded authority could ever have made it. ..... (c) 3348/2010 & connected matters page 15 of 40 reserved to be urged at the appropriate time in future if the same is available, when the ndmc act is amended to bring about the change in the system of determination of the rateable value of land and building for the purposes of the levy of the property .....
Tag this Judgment!Court : Delhi
..... that new bye-law 4 (2) does not take into account the most vital factum of impossibility of construction in certain areas with the lutyens bungalow zone ( lbz ) and prohibited or regulated area under the ancient monuments and archaeological sites and remains act, 1958. ..... the proviso to section 63 (1) of the ndmc act states that in respect of any land or building the standard rent of which has been fixed under the delhi rent control act, 1958 ( drc act ), the rateable value thereof "shall not exceed the annual amount of the standard rent so fixed.". ..... broadly it is sought to be contended that the uam cannot be introduced by way of the new impugned bye-laws without amending the new delhi municipal act, 1994 ( ndmc act ) which even as of today contemplates determination of the rateable value on the basis of the annual rent at which the land or building might reasonably be accepted to be ..... of india (1989) 4 scc187it is held that the validity of a subordinate legislation can be challenged if it is ultra vires the constitution or the governing act or to the general principles of the laws of the land or is so arbitrary or unreasonable that no fair minded authority could ever have made it. ..... (c) 3348/2010 & connected matters page 15 of 40 reserved to be urged at the appropriate time in future if the same is available, when the ndmc act is amended to bring about the change in the system of determination of the rateable value of land and building for the purposes of the levy of the property .....
Tag this Judgment!Court : Delhi
..... that new bye-law 4 (2) does not take into account the most vital factum of impossibility of construction in certain areas with the lutyens bungalow zone ( lbz ) and prohibited or regulated area under the ancient monuments and archaeological sites and remains act, 1958. ..... the proviso to section 63 (1) of the ndmc act states that in respect of any land or building the standard rent of which has been fixed under the delhi rent control act, 1958 ( drc act ), the rateable value thereof "shall not exceed the annual amount of the standard rent so fixed.". ..... broadly it is sought to be contended that the uam cannot be introduced by way of the new impugned bye-laws without amending the new delhi municipal act, 1994 ( ndmc act ) which even as of today contemplates determination of the rateable value on the basis of the annual rent at which the land or building might reasonably be accepted to be ..... of india (1989) 4 scc187it is held that the validity of a subordinate legislation can be challenged if it is ultra vires the constitution or the governing act or to the general principles of the laws of the land or is so arbitrary or unreasonable that no fair minded authority could ever have made it. ..... (c) 3348/2010 & connected matters page 15 of 40 reserved to be urged at the appropriate time in future if the same is available, when the ndmc act is amended to bring about the change in the system of determination of the rateable value of land and building for the purposes of the levy of the property .....
Tag this Judgment!Court : Delhi
..... that new bye-law 4 (2) does not take into account the most vital factum of impossibility of construction in certain areas with the lutyens bungalow zone ( lbz ) and prohibited or regulated area under the ancient monuments and archaeological sites and remains act, 1958. ..... the proviso to section 63 (1) of the ndmc act states that in respect of any land or building the standard rent of which has been fixed under the delhi rent control act, 1958 ( drc act ), the rateable value thereof "shall not exceed the annual amount of the standard rent so fixed.". ..... broadly it is sought to be contended that the uam cannot be introduced by way of the new impugned bye-laws without amending the new delhi municipal act, 1994 ( ndmc act ) which even as of today contemplates determination of the rateable value on the basis of the annual rent at which the land or building might reasonably be accepted to be ..... of india (1989) 4 scc187it is held that the validity of a subordinate legislation can be challenged if it is ultra vires the constitution or the governing act or to the general principles of the laws of the land or is so arbitrary or unreasonable that no fair minded authority could ever have made it. ..... (c) 3348/2010 & connected matters page 15 of 40 reserved to be urged at the appropriate time in future if the same is available, when the ndmc act is amended to bring about the change in the system of determination of the rateable value of land and building for the purposes of the levy of the property .....
Tag this Judgment!Court : Delhi
..... that new bye-law 4 (2) does not take into account the most vital factum of impossibility of construction in certain areas with the lutyens bungalow zone ( lbz ) and prohibited or regulated area under the ancient monuments and archaeological sites and remains act, 1958. ..... the proviso to section 63 (1) of the ndmc act states that in respect of any land or building the standard rent of which has been fixed under the delhi rent control act, 1958 ( drc act ), the rateable value thereof "shall not exceed the annual amount of the standard rent so fixed.". ..... broadly it is sought to be contended that the uam cannot be introduced by way of the new impugned bye-laws without amending the new delhi municipal act, 1994 ( ndmc act ) which even as of today contemplates determination of the rateable value on the basis of the annual rent at which the land or building might reasonably be accepted to be ..... of india (1989) 4 scc187it is held that the validity of a subordinate legislation can be challenged if it is ultra vires the constitution or the governing act or to the general principles of the laws of the land or is so arbitrary or unreasonable that no fair minded authority could ever have made it. ..... (c) 3348/2010 & connected matters page 15 of 40 reserved to be urged at the appropriate time in future if the same is available, when the ndmc act is amended to bring about the change in the system of determination of the rateable value of land and building for the purposes of the levy of the property .....
Tag this Judgment!Court : Delhi
..... the prescribed manner, the government has been able to identify 895 unauthorized colonies located without any forest and ridge areas and protected areas under the provision of the ancient monuments and archaeological sites and remains act, 1958 and also not posing any hindrance to the provisions of infrastructural facilities under the posing any hindrance to the provisions of infrastructural facilities under the master plan 2021 ..... ministry of urban development department on 05.10.2007 and the notification of the regulations for regularization of unauthorized colonies in delhi dated 24.03.2008 by the delhi development authority under section 57 of the delhi development act, 1957, with the previous approval of the central government, the government of nct of delhi (gnctd) had invited applications from the residents societies of the unauthorized colonies in the format prescribed in the ..... the order dated 4th september, 2012 issued in pursuance to regulations for regularization of unauthorised colonies in delhi framed under section 57 of delhi development act, 1957 would not be applicable in view of its regulation 3.3 which states that unauthorised colonies which pose hindrance in the provision of infrastructure facilities or fall in the area of right of ..... construction of proposed master plan road of forty-five meter wide which constitutes a public project, neither section 3(2) of the act, 2011 nor the order dated 4 th september, 2012 offers any protection to the petitioners.21. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... (viii) proximity to a protected area under the ancient monuments and archaeological sites and remains act, 1958 or a sanctuary, national park, game reserve or closed area notified as such under the wild life (protection) act, 1972 or places protected under any treaty, agreement or convention with any other country or countries or in pursuance of any decision made ..... of each of these 139 cases, including that of yours, and taking an appropriate decision thereon in each case, after following due procedure, it is hereby directed under section 5 of the environment (protection) act, 1986 that the environment clearance accorded in respect of each of these 139 cases by moef be kept in abeyance with immediate effect and until further orders ..... issue raised by the appellant is that they were never granted any hearing in terms of sections 8(b) and 8(c) of the commission of inquiry act, 1962 and as such the same was non est in view of the judgment of the honble supreme court in the case of ..... . now, it is true that since the right of prior notice and opportunity of hearing arises only by implication from the duty to act fairly, or to use the words of lord morris of borth-y-gest, from 'fair play in action', it may equally be excluded where, having regard to the nature of the action to be taken ..... vested in the central government with the object to protect and enhance the environmental equality and the act was enacted with the purpose of providing for the uncovered gaps that existed in the area of .....
Tag this Judgment!Court : Delhi
..... it is further alleged that the value of the suit property has since increased to rs 40-50 crores and on account of change of circumstances renovation of the property is now possible in view of recent amendments made in ancient monuments act, 1958. 11 ..... . 1, 2 and 5 for conversion of lease hold rights into free hold rights was accepted, what remained to be done was completion of formalities in connection with execution of conveyance deed and execution of sale deed in favour of the plaintiff, which were the acts to be done by the defendants, without the plaintiff having to play any further role in the ..... 3 and 5, who are the main contesting defendants, is that though defendant no.5 vinoo bhagat owned 50% undivided share in the suit property, in terms of the transfer deed executed in his favour on 11th september 2008 and the remaining half undivided share was jointly owned by all the five defendants as legal heirs of late ms ..... (ix) another application was submitted by all the five defendants to the land and development office in february, 2009 for mutation of the remaining one half of the plot in their name, on the basis of the will executed by ms ..... usha bhagat's will to the entire property was adeemed and rendered in capable of implementation in respect of her remaining one half share in the said property ..... bhagat later agreed that all of them would equally share one half undivided share in the suit property, while the remaining undivided share would be owned exclusively by defendant no. .....
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