Court : Mumbai Nagpur
..... 11/8/2011 sworn by ravindra rambhau kumbhare, additional municipal commissioner, it is stated that "the nagpur improvement trust, which was planning and development authority in respect of these reserved lands prior to 27th february, 2002, had submitted objection to the proposed development plan". ..... reservation as to playground mentioned in the final development plan pursuant to the town planning scheme under the mrtp act declared by the state, which is binding on the planning authority, cannot be allowed to be defeated to favour the private ..... contended that the concerned area is congested one and the children in the area have no facility of playground except this public utility land and similarly, the elderly persons and the common people have no other open space available for their daily morning or evening stroll ..... the planning authority for the area concerned is not in dispute as we have considered the arguments advanced on behalf of the state of maharashtra and the nagpur municipal corporation in this respect. ..... case (supra), the division bench of this court has declared the agreement of entrustment of the plot by the bombay municipal corporation to the chatrapati shivaji maharaj samiti admeasuring 8261.90 sq. ..... registered at bombay and subsequently, under the bombay public trusts act. ..... municipal corporation for greater bombay and others reported ..... was passed on 15/10/2010 at bombay to participate in tender process of ..... intent was also forwarded to the bvb at bombay. ..... of greater bombay v. .....
Tag this Judgment!Court : Mumbai Nagpur
..... dated 11/8/2011 sworn by ravindra rambhau kumbhare, additional municipal commissioner, it is stated that "the nagpur improvement trust, which was planning and development authority in respect of these reserved lands prior to 27th february, 2002, had submitted objection to the proposed development plan". ..... reservation as to playground mentioned in the final development plan pursuant to the town planning scheme under the mrtp act declared by the state, which is binding on the planning authority, cannot be allowed to be defeated to favour the private ..... that the concerned area is congested one and the children in the area have no facility of playground except this public utility land and similarly, the elderly persons and the common people have no other open space available for their daily morning or evening stroll and ..... planning authority for the area concerned is not in dispute as we have considered the arguments advanced on behalf of the state of maharashtra and the nagpur municipal corporation in this respect. ..... s case (supra), the division bench of this court has declared the agreement of entrustment of the plot by the bombay municipal corporation to the chatrapati shivaji maharaj samiti admeasuring 8261.90 sq. ..... registered at bombay and subsequently, under the bombay public trusts act. ..... municipal corporation for greater bombay and others reported ..... was passed on 15/10/2010 at bombay to participate in tender process of ..... intent was also forwarded to the bvb at bombay. ..... of greater bombay v. .....
Tag this Judgment!Court : Mumbai Nagpur
..... for the time being in force, no person shall except with the previous permission in writing of the competent authority, - (a) institute, after commencement of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971, any suit or proceeding for obtaining any decree or order for the eviction of an occupier from any building or land [in a slum area or for recovery of any arrears of rent or compensation from any such occupier, or for both; or] (b) when any decree or order ..... that since the suit property was notified as a slum area vide notification dated 24th january, 1976, in view of section 22 of the maharashtra slum area (improvement, clearance and redevelopment) act, 1971 (hereinafter referred to as slums act for short), no suit or proceedings for obtaining any decree or order for eviction of an occupier from any building or land in slum area is maintainable unless prior permission is obtained from the competent authority under section 22 of the slums ..... an objection was raised by the tenant munshi that suit premises were governed by the bombay rents hotel and lodging house rates (control) act, and as such the decree of the high court confirming the decree of the district judge was ..... shrikrishna tejmalji chandak reported in air 1984 bombay 428 and rightly held that an objection to the executability of the decree on the ground that the suit filed without taking requisite permission not having raised during the trial, could not ..... reported in air 1991 bombay 55. 18. .....
Tag this Judgment!Court : Mumbai Nagpur
..... municipal corporation vide notice dated 26.10.2010 under section 37 of maharashtra recognition of trade practices act, 1966, (hereinafter referred to as 1966 act) by seeking deletion of reservation for primary school and secondary school and to add the land thereof to playground is legal and valid. ..... dated 11.08.2011 sworn by ravindra rambhau kumbhare, additional municipal commissioner, states that "the nagpur improvement trust, which was planning and development authority in respect of these reserved lands prior to 27th february, 2002, had submitted objection to the proposed development plan". ..... 12 of mouza - bhamti included in bhamti parsodi street scheme of nagpur improvement trust (respondent 2 herein) and as per development plan sanctioned in the year 2001, it ..... counsel has invited attention to provisions of section 16(1)(d) of nagpur improvement trust act, 1936, to contend that if really chairman of respondent ..... important to note that this meeting dated 17.09.2010 has been chaired by the chairman of nagpur improvement trust against whom there are allegations of bias and partiality. ..... invited to the fact that in the said area, there is no playground since last about 10 years and land though reserved, is having only shrubs and wild grass, it cannot be, therefore, used for any purpose. ..... society registered at bombay and subsequently under bombay public trust act. ..... resolution was passed on 15.10.2010 at bombay to participate in tender process of respondent ..... of greater bombay and ors ..... bombay .....
Tag this Judgment!Court : Mumbai Nagpur
..... and reasons of deleting clause (c) of section 42 and introducing sub-section (14a) of section 43, sub-section (1-a) of section 46, and section 49a of the said act being relevant, are reproduced below: objects and reasons while implementing the provisions of the bombay tenancy and agricultural lands (vidarbha region and kutch area) act, 1958, government found that to clarify the position, or to remove lacunae or to improve the measure it was necessary to make certain amendments and additional provisions in the ..... 1st day of april, 1961 and not in possession thereof on that ate, has made or makes an application for possession of the land within the period specified in sub-section (1) of section 36, then if the application is allowed by the tahsildar, or in appeal by the collector, as the case may be, or in revision by the maharashtra revenue tribunal, the ownership of such land shall stand transferred to and vest in the tenant on the date on which the final order allowing the application is made. ..... of law emerging from the entire scheme of sections 46 and 49a in chapter iii of the said act, the objects and reasons of maharashtra act no.2 of 1962, and the decisions of the apex court and of this court, cited supra, to the extent relevant for this case, can be briefly summarized as under: (a) by virtue of sub-section (1) of section 46 of the said act, the tenant in cultivating possession of the land as on 1-4-1961 becomes statutory owner of the said land with effect from the said .....
Tag this Judgment!Court : Mumbai Nagpur
..... .whether the suit filed by the plaintiff society is within limitation?in the affirmative3.whether the plaintiff society is entitled for the discretionary relief of specific performance of contract as prayed against defendant no.1?in the affirmative4.whether the act of the defendant no.1 was justified in cancelling an agreement dated 30.01.1975 by issuing letter (exh.82) on dated 12.07.1982 for the reasons stated by him.in the negative.5.whether the defendant no.1 has proved that the ..... 127/3) were under acquisition at the instance of nagpur improvement trust and the defendant did not discharge his obligation for getting relinquishment or annulment of the nit scheme and, therefore, there was no breach of contract on the part of ..... by way of statutory law in the matter of performance of the contract and, in fact, the parties to the suit had individually as well as jointly made the application for exemption from the provisions of the ceiling act, which clearly indicated the intention of the plaintiff to be ready and willing to obtain the sale deed in strict adherence to the provisions of the law including the urban ceiling ..... then stated in the plaint that the plaintiff was under a bona fide belief that it was not necessary to have permission under bombay tenancy and agricultural lands (vidarbha) region act, since the suit was included in the urban agglomeration. ..... land ceiling act came into force with effect from 7.2.1976 and eventually it was repealed in 2007 in the state of maharashtra .....
Tag this Judgment!Court : Mumbai Nagpur
..... section is expedient in the public interest, it may issue directions to the educational institution as may be appropriate in the circumstances for the purpose of improving the standard of education imparted in the institution or for ensuring the competence of teachers, or for maintaining the discipline of the institution or for the purpose of improving the administration or management of the undertaking or the institution in the manner specified or indicated in such directions, or in relation to any matter which ..... an order from the joint charity commissioner, nagpur on 15th october 2009 below exh.4 in application no.20/2009 under section 47 of the bombay public trust act by which ad-interim stay was granted by the said authority staying the process of transfer of management and that order was extended on ..... submissions dated 2/12/2010 and the documents filed therewith and argued that as a matter of fact the site on which the school building was standing was acquired completely by the maharashtra airport development company limited for mihan project at nagpur since the piece of school land is located at khapri and a over-bridge has already been constructed by the said company. ..... keeping in mind what is stated hereinabove, the courts cannot adopt rigid attitude of negativity and sit back after striking down the scheme of the government leaving it to the helpless government caught in the crisis to make do as best as it may or throwing the situation open to agitational chaos to find a .....
Tag this Judgment!Court : Mumbai Nagpur
..... other hand requires him to make good before the court the objection raised by him as regards the inadequacy of the amount of compensation allowed for his land under the award made under section 11, with a view to enable the court to determine the amount of compensation exceeding the amount of compensation allowed by the award under section 11, be it by reference ..... therefore, when a report of an expert is got produced by a claimant before the court giving market value of the acquired lands, the court may, choose to act upon such report for determination of the amount of compensation payable for the acquired lands, if the data or the material on the basis of which such report is based is produced before the court and the authenticity of the same is made good and the method of ..... adjudication by land acquisition officer under the scheme of land acquisition act. ..... it is urged that responsible judicial officer like joint charity commissioner functioning under the bombay public trust act,1950 has ascertained market value on the relevant date on which sms trust invited offers and then sanction to sell under ..... state of here, we may point out that in p maharashtra, (supra) hon'ble apex court has made following observations on principles relevant for deciding ..... land acquisition officer, hyderabad development authority) to contend that even if it is presumed (without admitting it) that there is ineffective cross-examination, still the law courts are obliged to test probabilities and such improved .....
Tag this Judgment!Court : Mumbai Nagpur
..... 31 of the maharashtra regional and town planning act, 1966 (hereafter mrtp act) and nit constituted under the nagpur improvement trust,1936 (nit act hereafter) was the planning authority in respect of said ..... in paragraph 10 of writ petition no.4433 of 1998 to the effect that "the fundamental and legal right of the citizens of pune of submitting objections and suggestions to any modification in the final development plan u/s 37 of the act has been infringed", and that was solely on account of the developer being a close relation of the then chief minister who was also the minister for urban development which controls the appointments of a municipal ..... court has noted that much could have been said about the manner in which the joint charity commissioner disposed of the application under section 36 of the bombay public trust act, just before his retirement, but then it was not sufficient to set at naught sanction accorded by him, particularly when construction of building was almost complete ..... bombay environmental action group reveals that there in para 243, the total area affected by the change on an average is noted to be approximately 3.07% of the total area of the wards and the mill lands occupy only 0.6% of the entire land area of bombay ..... attention to the scheme of section 37 ..... scheme to the extent necessary by the proposal made in ..... scheme, one ought to have a permission for development granted by the planning authority traceable to an appropriate provision of law and in case before .....
Tag this Judgment!Court : Mumbai Nagpur
..... the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not ..... of the constitution, which contains one of the directive principles of state policy, provides that: "the state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular, the state shall endeavour to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to ..... petition was not maintainable because there is alternate and equally efficacious remedy available to the local residents to complain about the licence issued in favour of the appellant and their is an order, namely, the bombay prohibition (closure of licence on resolution by the village panchayat or gram sabha or women/ social organization or representation by voters in the village or ward of municipal council/ corporation) order, 2003 , under which such complaint ..... on the state and other authorities for taking positive action generates situations in which single human action can be beneficial or prejudicial to a large number of people, thus making entirely inadequate the traditional scheme of litigation as merely a two-party affair. ..... re-declare my faith in undiluted prohibition before i land myself in deeper water. .....
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