Court : Mumbai
..... and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date') (a) the state government in respect of the premises requisitioned or continued under requisition and allotted to a government allottee referred to in subclause (a) of clause 1a of section 5; and (b) the government allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause (b) of clause 1a of section 5, shall notwithstanding anything contained in this act or in the bombay land requisition act, 1948, or in any other law ..... the corporation owned or controlled fully or partly by the state government or any cooperative society registered under the maharashtra cooperative societies act, 1960 or any foreign consulates, by whatever name called and on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction)(amendment) act, 1996, are allowed by the state government to remain in their occupation and possession, means the principal officer ..... of gujjar (supra), the supreme court considered the relevant statutory provisions including the amendment and ultimately held as under: in this appeal, the challenge to the impugned judgment is to the extent it declines the prayer of the appellant for restoration of possession of the premises in question. .....
Tag this Judgment!Court : Mumbai
..... and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date') (a) the state government in respect of the premises requisitioned or continued under requisition and allotted to a government allottee referred to in subclause (a) of clause 1a of section 5; and (b) the government allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause (b) of clause 1a of section 5, shall notwithstanding anything contained in this act or in the bombay land requisition act, 1948, or in any other law ..... the corporation owned or controlled fully or partly by the state government or any cooperative society registered under the maharashtra cooperative societies act, 1960 or any foreign consulates, by whatever name called and on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction)(amendment) act, 1996, are allowed by the state government to remain in their occupation and possession, means the principal officer ..... of gujjar (supra), the supreme court considered the relevant statutory provisions including the amendment and ultimately held as under: in this appeal, the challenge to the impugned judgment is to the extent it declines the prayer of the appellant for restoration of possession of the premises in question. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1266; JT2003(2)SC335; 2003(2)SCALE288; (2003)9SCC358; [2003]2SCR139; 2003(1)UJ654(SC)
..... what is relevant for our purpose is to note that the life of requisition or continued requisition of any land which was coming to an end by virtue of sub-section (1-a) as inserted in section 9 of the bombay land requisition act, 1948 by maharashtra act 5 of 1973, further amended by maharashtra act 29 of 1990 was given an extension by issuing an ordinance, namely, the bombay land acquisition (amendment) ordinance, 1994 (maharashtra ordinance no. ..... the status conferred on them by amending section 5 of the principal act and by inserting section 15b in the principal act was that the allottee or his legal heir in occupation or possession of the allotted premises for own residence "shall, notwithstanding anything contained in this act, or in the bombay land requisition act, 1948, or in any other law for the time being in force, or in any contract, or in any judgment, decree or order of any court passed on or after the 11th june, 1996, be deemed to have become, for the purposes ..... of this act, the tenant of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1997(2)SC581; (1997)4SCC511; 1997(1)LC676(SC)
..... maharashtra : [1994]3scr746 that the requisition of premises under bombay land requisition act, 1948 ..... mean that the validity of the said order could not be examined on its own with a view to finding out whether the said requisition order under section 23 was validly passed or was a stillborn one and whether in any case such an order can be permitted to continue indefinitely and ..... under section 30 for acquiring these requisitioned properties during the time the act was in force itself shows that even according to the respondents the government did not require the said requisitioned land to be acquired for its purposes or that it was felt that the cost of restoration of the requisitioned property ..... the limited existence being enacted during emergency, both external and internal, and had already ceased to operate since long and that the purpose for which the requisition was resorted to was dehors the provisions of section 23 of the act as providing a showroom for exhibiting the wares manufactured by weavers could not be said to have any nexus with the maintenance of supplies and services ..... the period of operation of the proclamation of emergency and for a period of six months thereafter, but its expiry under the operation of this sub-section shall not affect-(a) the previous operation of, or anything duly done or suffered under, this act or any rule made thereunder or any order made under any such rule, or(b) any right, privilege, obligation or liability acquired, accrued or incurred .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC602; 1998(1)ALLMR(SC)517; (1998)2GLR1364; JT1997(10)SC311; 1998(1)KLT481(SC); (1998)IIMLJ66(SC); RLW1999(2)SC254; 1997(7)SCALE786; (1998)2SCC1; [1997]Supp6SCR717;
..... 1.4.1971) under bombay city (inami & special tenures) abolition and maharashtra land revenue code (amendment) act, 1969 : sections 7, 8, 10.in case of leasehold land, the increase in ground rent paid by the landlord to ..... after amending before amending act of 1987 act of 1987 ------------------------------------------------------------------------------- section 9(1) increase in rent on identical provision in section 9 which account of structural alterations is there in the original act since or improvement made with 1948. ..... of heavy repairs, additional amenities and repairs required to be carried out under requisition from local authorities; increase in monthly rent permitted to the extent of 15% per year on the actual cost incurred without interest (section 9). ..... nariman that even after the promulgation of the rent control act, 1948 during the 1950s and 1960s there was not much escalation in ..... that hypothetical tenant would have gone down from 20% of his total salary to only 0.9% and this would be the case of most of the tenants as we can take judicial notice of the fact that from 1948 till now, incomes have increased considerably, whereas the rent has increased only from rs. ..... (d) increase in amount of property taxes after 13,2,1948 is allowed to be passed on to the tenant by proportionate increase in monthly rent (section 10).the costs which have to be absorbed and borne by the landlord (without entitlement to pass on to tenants) are therefore : entire cost of .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(1)BomCR509
..... , after a lapse of 22 years, the respondent-tenant filed an appeal before the sub-divisional officer, baramati division, baramati, in which it was contended that the provisions of section 5 of the bombay tenancy and agricultural lands act, 1948 had not been complied with and that, consequently, the original order dated 23-6-1956 is required to be set aside. ..... that these were not the grounds on which it was challenged before the maharashtra revenue tribunal, but that after the lapse of as many as 22 years, non-compliance of section 5 of the bombay tenancy and agricultural lands act was pleaded and that there was no means at that point of time to ascertain whether the procedure prescribed under section 5 of the bombay tenancy and agricultural land act was followed or not.6. ..... in his order dated 20-3-1979, has observed that according to him there was, in fact, non-compliance with the provisions of section 5 of the bombay tenancy and agricultural lands act to the extent that the tenant had not made an application in writing before the authority indicating that he is surrendering the tenancy. ..... an absolute safety clause that has been provided in this section and the order clearly indicates that this requisite procedure had been followed. ..... present case, i have gone to the extent of finding out as to whether at all there were any bona fides in the appeal before the maharashtra revenue tribunal. ..... indicates in the 'remarks' column that the requisite notice has been served in keeping with the .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)ALLMR713; 2002(1)BomCR272; (2001)4BOMLR150; 2001(4)MhLj170
..... and lodging houses rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date'),- (a) the state government, in respect of the premises requisitioned or continued under requisition and allotted to a government allottee referred to in sub-clause (a) of clause (2) of section 7; and (b) the government allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause (b) of clause (2) of section 7,shall, notwithstanding anything contained in this act, or in the bombay land requisition act, 1948, or in any other law for the ..... or corporation owned or controlled fully or partly by the state government or any co-operative society registered under the maharashtra co-operative societies act, 1960 or any foreign consulate, by whatever name called, and on the 7th december, 1996, being the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996, were in their occupation or possession, means the principal officer-in-charge of such office or department .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR641; 2008(1)BomCR779
..... and lodging house rates control, bombay land requisition and bombay government premises (eviction)(amendment) act, 1996 (hereinafter in this section referred to as 'the said date') - (a) the state government in respect of the premises requisitioned or continued under requisition and allotted to a government allottee referred to in sub-clause (a) of clause 1-a of section 5; and(b) the government allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause (b) of clause 1-a of section 5,shall notwithstanding anything contained in this act or in the bombay land requisition act, 1948, or in any other law ..... the corporation owned or controlled fully or partly by the state government or any cooperative society registered under the maharashtra co-operative societies act, 1960 or any foreign consulates, by whatever name called and on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction)(amendment) act, 1996, are allowed by the state government to remain in their occupation and possession, means the principal officer ..... of gujjar (supra), the supreme court considered the relevant statutory provisions including the amendment and ultimately held as under:in this appeal, the challenge to the impugned judgment is to the extent it declines the prayer of the appellant for restoration of possession of the premises in question. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)ALLMR574; 2006(1)BomCR674
..... rates control, bombay land requisition and bombay government premises (eviction) (amendment ) act, 1996, (hereinafter in this section referred to as 'the said date'),-(a) the state government, in respect of the premises requisitioned or continued under requisition and allotted to a government allotted referred to in sub-clause (a) of clause (2) of section 7; and(b) the government allotted, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause (b) of clause (2) of section 7,shall, notwithstanding anything contained in this act, or in the bombay land requisition act, 1948, or in ..... controlled fully or partly by the state government or any co-operative society registered under the maharashtra co-operative societies act, 1960 or any foreign consulate, by whatever name called, and on the 7th december, 1996, being the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996, were in their occupation or possession, means the principal officer-in-charge of ..... the flat being vacated by the said shri khan, who was occupying the premises on the date on which the maharashtra rent control act, 1999 and the aforesaid provisions came into force, the government continued to be in occupation thereof and therefore, the provisions of bombay land requisition act, 1948 will be applicable to the facts of the present case. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)ALLMR190
..... order of any court passed on or after the 11th june, 1996, or in any order of evi(sic) issued by the competent authority, or by the appellate authority, under the bombay land requisition act, 1948, be deemed to have become, for the purpose of this act, the tenant of the landlord; and such premises shall be deemed to have been let by the landlord to the state government or, as the case may be, to such government allottee, on payment of rent and ..... that is the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date'),- (a) the state government, in respect of the premises requisitioned or continued under requisition and allotted to a government allottee referred to in sub-clause (a) of clause (2) of section 7; and (b) the government allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause ..... sections 5(1)a and 15(a) assuming the said provisions to be constitutional that government employee who has retired from government service on 30th september, 1993 has no right tocontinue with the possession of requisitioned premises after the order of requisition has been set aside and his retirement is clearly applicable to a case where the allottee had retired from government service and died prior to the enactment of maharashtra amendment act .....
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