Judgment Search Results Home > Cases Phrase: bombay land improvement schemes act 1942 maharashtra Page 7 of about 3,312 results (0.160 seconds)

Suraiya Akbarali Jetha, Vs. Mumbai Municipal Corporation of Greater Mu ...

Court : Mumbai

Reported in : 2008(4)ALLMR640; 2008(5)BomCR127; (2008)110BOMLR2010

..... municipal corporation of greater mumbai, the chief engineer (development plan) sent a letter to the state of maharashtra enclosing therewith a copy of resolution 956 dated 16/9/2002, requesting that the steps be taken for acquisition of the land and this step taken by the respondents would constitute 'steps' for the acquisition of the land under clause (c) of section 126 (1) of the mrtp act, the same having been taken on 17/9/2002 when the period of six months had not ..... it has been specifically held by the supreme court that 'it is trite that failure of authorities to take steps which result in actual commencement of acquisition of land cannot be permitted to defeat the purpose and object of the scheme of acquisition under the mrtp act by merely moving an application requesting the government to acquire the land, which government may or may not accept. ..... denied the fact that they had acted upon the notices issued by the petitioners but the petitioners were not entitled to the benefit of the provisions of section127 of the town planning act primarily for the reason that the corporation had already taken steps in the acquisition proceedings by writing the letter dated 10th april 2003 and more so when the letter was backed by the decision of the improvement committee of the corporation. ..... of greater bombay case. .....

Satyabhamabai W/O Bhimaji Dawkher Vs. State of Maharashtra Through Its ...

Court : Mumbai

Reported in : 2008(1)ALLMR399; 2007(6)BomCR20; (2007)109BOMLR2263; 2008(2)MhLj104

..... it is trite that failure of authorities to take steps which result in actual commencement of acquisition of land cannot be permitted to defeat the purpose and object of the scheme of acquisition under the mrtp act by merely moving an application requesting the government to acquire the land, which government may or may not accept. ..... of the court, is not of much avail to the respondents.on reference to para 29 of the judgment in the matter of m/s girnar traders, it is evident that the issue with which the court was dealing in the matter of municipal corporation, greater bombay, was 'whether the period of six months specified in section 127 of the act is to be reckoned from the date of service of the purchase notice dated july 1, 1977, by the owner on the planning authority i.e. ..... for the first time, after the service of purchase notice on 9 9.2002, a proposal was made by the improvement committee recommending the municipal corporation for sanction to initiate the acquisition proceedings. ..... gazette on 5.9.1991.because the state or municipal council did not take any steps for acquiring the reserved plot for 10 years (which ended on 4.9.2001), petitioner issued a purchase notice under section 127 of the maharashtra regional and town planning act, 1966 (mrtp act for the sake of brevity) on 27.6.2003. ..... on 17.9.2002, a letter was sent by chief engineer (development plan) to the secretary, urban development department in the government of maharashtra for initiating acquisition proceedings. .....

Lakhmichand Ramchand Asrani Vs. Municipal Corporation of Greater Mumba ...

Court : Mumbai

Reported in : 2005(4)BomCR79; 2005(3)MhLj169

..... 24th september, 1996 the petitioner addressed a letter to the slum rehabilitation authority since the land had been declared as a slum on 27th august, 1996 under the maharashtra slum areas (improvement, clearance and redevelopment) act,1972, seeking permission to carry out development thereon. ..... the affidavit in reply, it has been stated that it was for the petitioner to have approached the respondents immediately after implementation of the scheme and the declaration of the award and it was the petitioner who did not care to receive compensation from the ward officer. ..... on 17th october, 2000, the deputy chief engineer of the municipal corporation informed the petitioner that the sanctioned town planning scheme had come into force on 1st february, 1982; that the petitioner had been dispossessed of final plot 41 which had been reserved for a garden and which thereupon vested in the ..... apart, the provision in the statute for the payment of interest at a rate which is prescribed does not take away the powers of the writ court under article 226 to provide recompense to a citizen whose lands have been expropriated, for the damages visited upon him due to a gross and unexplained delay in the payment of compensation to which he is entitled. ..... in response, on 6th may, 1987 the petitioner enclosed a photocopy of the sanad issued by the special district inspector -land records -i, bombay suburban district, a copy of the transfer deed dated 17th november, 1962 and of a plan of final plot 41 in .....

Chintaman Anant Khasnis Vs. Keshav Dnyanu More and ors.

Court : Mumbai

Reported in : AIR1978Bom248; 1977MhLJ755

..... , (3), notwithstanding that in respect of the same tenancy an application of the landlord made in accordance with sub-section (2) of section 31 - (i) is pending before the mamlatdar or in appeal before the collector or, in revision before the maharashtra revenue tribunal, on the date of the commencement of the bombay tenancy and agricultural lands (amendment) act, 1960 (hereinafter referred to in this section as 'the commencement date'), or (ii) has been rejected by any authority before the commencement date. ..... landlord notwithstanding that in respect of the same tenancy an application of the landlord made in accordance with sub-section (2) of section 31 is pending either before the mamlatdar or in appeal before the collector or in revision before the maharashtra revenue tribunal on the commencement date, the commencement date has been described as the date when the bombay tenancy and agricultural lands (amendment) act, 1960 (man 9 of 1961), came into operation. ..... received for the first time a designation or a label as certificated landlord and his tenant the description of excluded tenant, the gist of the new scheme is that a certificated landlord is entitled to apply for possession of the entire tenanted land for personal cultivation and if the provisions of section 33b as a whole are satisfied he may get the entire land or a portion of it depending upon the facts and circumstances of the particular case. ..... permitted to improve their chances of claiming more land from their .....

Sakharam Shripati Jadhav (Deceased) Through His Lrs. and ors. Vs. Chan ...

Court : Supreme Court of India

Reported in : AIR1987SC637; (1987)89BOMLR207; JT1987(1)SC85; 1987MhLJ387(SC); 1987(1)SCALE5; (1987)1SCC486; [1987]1SCR913; 1987(1)LC469(SC)

..... cultivation of an estate has seriously suffered, or for the purpose of improving the economic and social conditions of peasants or ensuring the full and efficient use of land for agriculture, it was expedient to assume management of estates held by landholders and to regulate and impose restrictions on the transfer of agricultural lands, dwelling houses, sites and lands appurtenant thereto or occupied by agriculturists, agricultural labourers and artisans in the province of bombay and to make provisions for certain other purposes therein the ..... the revision petition was filed by the respondents-tenants in proceedings under section 43b of the said act to question the order made by the member, maharashtra revenue tribunal, kolahpur, refusing to interfere with the order made by the special land acquisition officer (ii) tulsi project, kolhapur, holding that the purpose of the lease as far as suit lands were concerned was one for cultivating sugarcane and as such the lands were governed by the provisions of section 43a of the ..... the question is if lease for multiple cultivation is permissible in the scheme of section 43a then only leases of the areas for cultivation of sugarcane or growing of fruits or flowers or for breeding of livestock could claim the benefit of protection from the tenants' claim. .....

Mohamed Yakub Sukhrulla Vs. MobIn Ahmed Khan and Another

Court : Mumbai

..... then the issue was raised of applicability of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971. ..... in the plaint itself, it has been stated as to how the predecessor in title of the respondents was monthly tenant of the plot of land belonging to the bombay municipal corporation situate at scheme no.57, junction of sewri cross road, wadala, mumbai-400031. ..... if the premises that are presently in possession of the respondents admeasure 3 x 3 feet and is a temporary stall at dadar for which the rent of rs.55/- per month is being paid to the bombay municipal corporation, then, the need of the landlord of this shop is but genuine and bonafide. ..... the decree cannot be passed under section 13(1)(g) of the then bombay rents, hotel and lodging house rates control act, 1947 only on some wish or desire of the landlord. ..... shed standing on a plot of land situate at scheme no.57, junction of sewri cross road, wadala, mumbai-400031. ..... thereafter, the respondents' father had received a show cause notice from the bombay municipal corporation, but it was replied. ..... the father had constructed a shed on the land and allowed one of his acquaintance, namely, sukhrulla mohamm yasin to conduct his business. ..... thereafter, what was pleaded is that the plaintiffs' grandfather was carrying on independent business of paan shop at dadar and he was paying the ground rent to the bombay municipal corporation. ..... the land under this shed belongs to the municipal corporation for greater mumbai. .....

Municipal Commissioner of Dum Dum Municipality and ors. Vs. Indian Tou ...

Court : Supreme Court of India

Reported in : JT1995(5)SC610; 1995(4)SCALE611; (1995)5SCC251; [1995]Supp2SCR433

..... to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, real or personal, corporeal or incorporeal, present or contingent, of whatever nature and wheresoever situate, including lands, buildings, machinery, equipments, works, workshops, cash balances, capital reserves, reserve funds, investments, tenancies, leases and book debts and all other rights and interests arising out of such property as were ..... any office under the central government immediately before such day solely or mainly for or in connection with such affairs of the airport as arc relevant to the functions of the authority under this act shall be treated as on deputation with the authority but shall hold his office in the authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave ..... suitable instructions be issued to the additional district collector, bombay suburban district and the commissioner, bombay municipal corporation not to levy any state tax on the lands under the control of iaai at bombay.yours faithfully,sd/-(gopal chaturvedi)dy.secretary to the govt. ..... government of maharashtra,mantralaya, bombay.sub : ..... been vested in the authority at its inception have been re-built, improved, expanded and developed beyond recognition. ..... secretary to the government of india to the chief secretary, government of maharashtra, bombay which reads:no. ..... no inference can be drawn which militates against the entire scheme of the act.26. .....

Smt. Chanchalben Amritlal Patel Vs. Deputy Collector (Enc) and Compete ...

Court : Mumbai

Reported in : 2005(3)ALLMR494; 2005(3)BomCR461; 2005(3)MhLj834

..... 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 any 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 ..... 1026 of 1977 challenging the four different notifications issued under section 4(1) of the act which were dismissed by the maharashtra slum areas (improvement, clearance and redevelopment) tribunal, mumbai (for short 'the tribunal') by ..... into account the following factors, namely:- (a) whether alternative accomodation within the means of the occupier would be available to him, if he were evicted; (b) whether the eviction is in the interest of improvement and clearance of the slum area; (b-1) whether, having regard to the relevant circumstances of each case, the total amount of arrears of rent or compensation and the period for which it is due and ..... thus, keeping the scheme of the act and in particular section 22 as also sections 41 and 42 in view and considering the definitions of the words 'occupier', 'owner' and 'slumlord', it is clear that while dealing with an application under section 22 (1)(a) of the act the competent authority is competent enough to enter into and decide ..... under section 36(1)(a) of the bombay public trust act, 1950. .....

Abraham Patani Of Mumbai Vs. The State Of Maharashtra

Court : Supreme Court of India

..... of a street for public use through the land of such person, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the corporation, and that such street shall become, on completion, a public street; [(c) declare any street made under an improvement scheme duly executed in pursuance of the provisions of the city of bombay improvement act, 1898, or the city of bombay improvement trust transfer act, 1925, to be a public street.]. ..... corporation to make adequate provision, by any means or measures which it is lawfully competent to them to use or to take, for each of the following matters, namely : (m) the construction, maintenance, alteration and improvement of public streets, bridges, culverts, causeways and the like 1[and also other measures for ensuing the safe and orderly passage of vehicular and pedestrian traffic on streets].; 10 63. ..... maharashtra ( girnar traders 2007 )3 is cited in this regard; viii) notwithstanding the aforementioned defect, section 91 of the mmc act ..... state of maharashtra & ors.2 vi) permitting a municipal corporation to act outside of a dp will create a chaotic situation and facilitate unbridled usage of the powers ..... section 37(1) of the maharashtra regional town planning act, 1966 ( mrtp act ) on page 2 of 6107.06.1993, acknowledging the need for a connecting road but stating that it was not feasible to pursue construction of an 18.30 metre road through the appellants land. ..... maharashtra ..... of maharashtra & .....

Commissioner of Income Tax Vs. Presidency Co-operative Housing Society ...

Court : Mumbai

Reported in : (1993)112CTR(Bom)216

..... the society took on lease certain lands in juhu-vile parle from the bombay housing board constituted under the bombay act 49 of 1948 for the purpose of building houses for its ..... canning & land improvement co. ..... the by-laws of some of the societies do provide that the object of the society shall be to carry on the business of building and of buying, selling hiring letting and developing land and accordance with co-operative principles alongwith other objectives such as carrying on social, procreative and educational work in connection with its tenants. ..... the above case the company had obtained a lease of a piece of land belonging to the government of maharashtra with an intention of constructing a building which could be used as commercial ..... the question the supreme court has observed, 'in assessing the true character of a receipt for the purpose of the it act, inability to ascribe to the transaction which is the source of the receipt, a definite category is of little consequence. ..... -society and the other societies who are the assessees under the group of references which are before us, were all allottees of portions of this land under permanent leases so given by the housing board in favour of these co-operative housing societies. ..... under the scheme, the shareholders of the company were to enter into a standard form of agreement which would confer on the shareholders the right of occupation of specified floor space in ..... to raise finances for the construction, the company devised a scheme. .....