Judgment Search Results Home > Cases Phrase: bombay land improvement schemes act 1942 maharashtra Page 4 of about 3,312 results (0.166 seconds)

Association of Maharashtra Education Service Class Ii Officers Vs. Sta ...

Court : Mumbai

Reported in : (1991)IILLJ14Bom

..... were to be recognized that before formulation of the schemes by the ugc and their application by the government of india and the government of maharashtra, the government teachers might have fallen into a different category which could be treated like the others who were governed by rule 161 of the bcsr, in view of the revision of pay scales and other measures taken for improving the standards of teaching for fulfillment of the constitutional ..... as stipulated by the government resolution dated 27th february 1989, (iv) to superannuate the petitioners at the age of 60 years without subjecting them to a review at the age of 50 and 55 years as required by rule 161(c-a) of the bombay civil services rules ('bcsr' for short), by clause 26 of the government resolution dated 27th february 1989, and (v) to quash rule 161 of the bcsr as ultra vires articles 14 and 16 of the constitution, so far as it relates ..... class-iv government servants, the principal judge of the city civil court, bombay : the judges of the court of small causes, bombay : the administrator general and official trustee, bombay : and stipendiary patels appointed under section 16 of the land revenue code and section 5 of the village police act, 1887 ..... . a purely temporary provision which, because of compelling forces, justified differential treatment when the reorganisation act was enacted cannot obviously be permitted to assume permanency, so as to perpetuate that treatment without a rational basis to support it .....

Relief Road Housing Societies Association, Bombay and anr. Vs. State o ...

Court : Mumbai

Reported in : 2002(1)ALLMR372; 2002(1)BomCR15; (2002)3BOMLR796; 2002(3)MhLj173

..... that regularisation of such structures violates the provisions of the land revenue code, the town planning statutes, including the maharashtra regional and town planning act, 1966, the bombay municipal corporation act, the mhada act, 1966, and the bombay police act. ..... than 70% hutment dwellers formed a proposed co-operative society, they could submit a proposal for re-development with 2.5 floor space index under the said regulation.thereafter, the government of maharashtra, in exercise of powers conferred under section 31(1) of the mrtp act, issued guidelines on 3rd june, 1992 for the slum re-development on the lands occupied by the existing slums which are zoned or reserved for public purposes in the revised development plan of greater ..... produce records and details regarding the general slum rehabilitation scheme for greater bombay and particular slum rehabilitation scheme applicable to the lands covered in town planning scheme vi and town planning scheme ii of santa cruz (w), and to quash and set aside the general slum rehabilitation scheme and particularly slum rehabilitation scheme in relation to lands covered by town planning scheme vi and town planning scheme ii, and the notification dated 15th october, 1997. ..... because, by notification dated 16th october, 1995, the slum rehabilitation authority had been appointed under the provisions of section 3-a of the maharashtra slum area (improvement, clearance and re-development) act, 1971 (hereinafter referred to as 'the slum act'). .....

Nagpur Improvement Trust Vs. M/S. Bombaywala .

Court : Supreme Court of India

..... that the nagpur improvement trust (hereinafter referred to as the nit ) vide board resolution dated 29.10.1960 framed an improvement scheme known as abhyankar road widening and buty mahal street scheme (hereinafter referred to as the scheme ) in respect of 8.7 acres of land bearing khasra no.320 and 315 (part) mouza sitabuldi, belonging to the buty family. ..... whether mere absence of proposal of internal road in the final development plan under sub section (6) of section 31 of the maharashtra regional and town planning act and its existence in the scheme, published under section 45 of the nagpur improvement trust act, can be termed as variation or modification , as contemplated by section 39 of the mrtp act?., 1. ..... in khasra no.320 mouza sitabuldi, subject to certain conditions including inter alia that (i) the applicants would accept the compensation of 8 the land fixed by the land acquisition officer and give possession of the lands to him; (ii) development of the land would as per the development plan of nit; (iii) all the tenants are to be accommodated in the scheme and (iv) that in the interest of tenants the nit fixed the plot allotment rate @ 50% of the market value, without prejudice to rule ..... that, in the year 1983, a writ petition being wp.no.2326 of 1983 was filed by the land owners before the nagpur bench of 6 the bombay high court challenging the acquisition. .....

Narayanrao Jagobaji Gawande Pub.Trust Vs. State of Maharashtra and Ors ...

Court : Supreme Court of India

..... thereafter, going through the provisions of section 40,41,42,43 and 44 of the nit act, the improvement schemes are sanctioned by the state government by a notification issued under section 45 of the nit act, which is equivalent to section 6 of the land acquisition act. ..... he further submitted that the land in question is definitely a part and parcel of the improvement schemes of the nit sanctioned by the state government under the provision of section 45 of the nit act. ..... further, section 27 of the nit act provides for various kinds of improvement schemes which include a street scheme under its clause (d). ..... section 46 of the nit act allows the alteration of improvement schemes after its sanction. ..... he fortified his aforementioned submission by emphasizing upon clause 2(ii)(b) of the development agreement which reads thus: b) if and when any improvement scheme for development of the area in which the aforesaid kh. ..... these appeals are directed against the common impugned judgment and order dated 29.8.2008 passed by the division bench of high court of judicature at bombay, nagpur bench, nagpur in various writ petitions including writ petition no.1034 of 1995, wherein the high court has dismissed all the writ petitions. ..... it was further submitted by him that the nit act is a self-contained act and there is no need to place reliance upon the provisions of maharashtra regional & town planning act, 1966 and nagpur corporation act, 1948. ..... on 28.02.1942, one smt. .....

The Commissioner, Bangalore Development Authority and anr. Vs. State o ...

Court : Karnataka

Reported in : ILR2006KAR318; 2006(1)KarLJ1

..... . naganand, learned senior counsels contended that the notification issued under section 2(c) of the bda act do not include the villages mentioned in the notification issued on 1-11-1965 under section 4-a of the ktcp act, 1961 within bangalore metropolitan area, for them to exercise power of framing of scheme, acquiring land for the purpose of developmental activities and therefore, the notifications issued for the acquisitions are one without jurisdiction and liable to be quashed.70 ..... . it consists of the following areas: (a) area comprising the city of bangalore as defined in the city of bangalore municipal corporation act, 1949 which is now replaced by the karnataka municipal corporations act, 1976; (b) the areas where the city of bangalore improvement act, 1945 was immediately before the commencement of the bda act, 1976 was in force; and (c) such other areas adjacent to the aforesaid as the government from time to time by notification specify ..... . the supreme court in the case of state of maharashtra and anr. v ..... . a full bench of the bombay high court in the case of chandrakant sakharam karkhanis and ors. v ..... . state of bombay : [1961]1scr128 , it was held that an industrial concern employing a large number of workmen away from their homes, it is a social necessity, that there should be proper housing accommodation available for such workmen ..... . dealing with the question of public purpose, the supreme court in the case of state of bombay v .....

Dr. Surendra Ramlal Tiwari and Another Vs. State of Maharashtra, Throu ...

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. .....

Sanjali Sanjay Kadu and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2008(5)BomCR306

..... -iii whichever is more.note: the development of land for department of police, police housing corporation, jail and home guard of government of maharashtra shall be permitted by the commissioner after due approval of the committee mentioned in note-3 below regulation 33(3)(a).provided, however, that with previous approval of the government, mhada/corporation shall be ..... housing societies of landlords and/or occupiers of a cessed buildings of 'a' category in island city, which attracts the provisions of mhad act, 1976 and for reconstruction/redevelopment of the buildings of corporation and department of police, police housing corporation, jail and home guard of government of maharashtra, constructed prior to 1940, the floor space index shall be 2.5 on the gross plot area or the fsi required for rehabilitation of existing tenants, plus incentive fsi as specified in appendix ..... in island city of bombay 133 constructions were put up very many years ago by bombay improvement trust to provide housing to the thousands of workers and their families migrating to the city of bombay at that time, as a ..... that the development is being carried out in accordance with law and that almost more than 90% of the occupants/tenants of the buildings in issue have not only accepted the redevelopment scheme but have also acted upon it by physically vacating their premises. .....

Jayesh Dhanesh Goragandhi. Vs. Municipal Corporation of Greater Mumbai ...

Court : Supreme Court of India

..... is whether after framing a town planning scheme and the final scheme brought into force, after reserving plots for public purposes, providing compensation under chapter v of the maharashtra regional and town planning act, 1966 (for short 'the mrtp act'), can the land owner insist that the land be acquired only by following the provisions of chapter vii of the mrtp act, especially under section 126 of the mrtp act.facts3. ..... ownership in common, decide the shares of such person;(iii) estimate the value of and fix the difference between the values of the original plots and the values of the final plots included in the final scheme, in accordance with the provisions contained in clause (f) of sub-section (1) of section 97;(iv) estimate the compensation payable for the loss of the area of the original plot in accordance with the provisions, ..... specified in sub- section (1) or within the period extended under sub-section (3), the declaration shall lapse, unless the state government appoints an officer to prepare and submit the draft scheme to the state government on behalf of the planning authority not later than twelve months from the date of such appointment or the extended period under sub-section (3); but any ..... the land for a housing accommodation scheme either under the land acquisition act or under the improvement act. ..... to a draft scheme sanctioned by the government on 17th august, 1942 under the bombay town planning act, 1915. ..... of this court in nagpur improvement trust and another v. .....

Nagpur Timber Merchants' Association Vs. Nagpur Improvement Trust and ...

Court : Mumbai

Reported in : (1991)93BOMLR967

..... in order to carry out this object the respondent nagpur improvement trust framed various schemes after acquiring land by following the procedure laid down under land acquisition act. ..... they also claimed that the responsibility for payment of non-agricultural assessment is that of the nagpur improvement trust under section 168 of the maharashtra land revenue code.5. ..... this would be clear from section 67 of the maharashtra land revenue code which provides that the land revenue leviable on any land under the provisions the code shall be assessed or shall be deemed to have been assessed, as the case may be with reference to the use of the land which can be for the purpose of agriculture or for the purpose of residence or for the purpose of industry or for the purpose of commerce or any other purpose. ..... it was contended that non-agricultural assessment is a levy which cannot be said to be a land revenue since both the terms are separately defined in the maharashtra land revenue code in any event the nagpur improvement trust can enforce recovery against allottees like the petitioners since under the agreement of lease each of them has undertaken to pay rates, taxes, charges and assessment of every type and description and, therefore, ..... the petitioners in these petitions are either societies, duly registered under the societies registration act, or individuals or partnership firms or the public trust also registered under the bombay public trusts act. .....

Shrirampur Municipal Council, Shrirampur. Vs. Satyabhamabai Bhimaji Da ...

Court : Supreme Court of India

..... plan, the draft development plan, or the plan for area or areas for comprehensive development, whichever is earlier, or as the case may be, the date or publication of the draft town planning scheme:provided that, nothing in this sub-section shall affect the date for the purposes of determining the market value of land in respect of which proceedings for acquisition commenced before the commencement of the maharashtra regional and town planning (second amendment) act, 1972 (mah. ..... state of maharashtra and others(2007) 7 scc 555 (hereinafter referred to as 'girnar traders ii') and of the division bench of the bombay high court in shivram kondaji sathe and others v. ..... there is some dispute about receipt of the notice by the competent authority but it is an admitted position that vide letter dated 15.12.2005, the municipal commissioner of mcgm asked the improvement committee to initiate the acquisition proceedings. ..... hakimwadi tenants' association for quashing the notification was allowed by the learned single judge of the bombay high court, who held that the acquisition proceedings commenced by the state government under section126(2) at the instance of the planning authority were not valid because steps were not taken for the acquisition of land under section 126(1) of the 1966 act read with section 6 of the 1894 act within the prescribed time. .....