Court : Mumbai Goa
..... page 202 of the judgment that permission under section 44 of the tp act was required in addition to the permission required under any other law which prevailed at the relevant time for ongoing construction ..... 2008 the fact that the building plans were re-validated by the panchayat from time to time and the authorities had granted extension for a period of three years from 17.09.2005 was noted at para 5 of the said judgment and the construction activity was permitted ..... : if we consider a reverse case where building regulations are amended more favourably to the builders before sanctioning of building plans already submitted, the builders would certainly claim and get the advantage of the regulations amended to their benefit?. ..... law. the petitioners may move the authorities in this behalf within one week for such compounding or regularization and also for stay ..... objectives. the court's role is restricted to examine whether the government has taken into account all relevant aspects and has neither ignored nor overlooked any material considerations nor been influenced by extraneous or immaterial considerations in ..... case of kisan mehta and others v/s state of maharashtra and others has observed at para 38 ..... notification. what is stressed by the notification is that irrespective of what local town and country planning regulations may provide in future the building activity permitted under the notification shall be frozen to the laws and norms existing ..... a learned single judge of the bombay high court held thus: .....
Tag this Judgment!Court : Mumbai Goa
..... for such development under any other law would not be sufficient and a permission under section 44 of the said act would be required for such ..... of the crz notification of 1991 inter-alia provides that the coastal states/union territory administrations shall prepare within a period of one year from the date of such notification, coastal zone management plans identifying and classifying the crz areas within their respective territories in accordance with the guidelines ..... imaginary line being drawn, it was submitted that if an imaginary line is drawn parallel to the high tide line connecting two authorised structures, it may be that if a large tract of land lies between two authorised structures, building activity may be permitted on the entire tract ..... it appears from the record that the union ministry of environment, state of maharashtra, national commission on urbanization and expert working group on cantonment areas took notice of this problem in the city of pune ..... mark even in law when he stated: "i repeat.........that all power is a trust-that we are accountable for its exercise-that, from the people, and for the people, all springs, and all must exist" ..... proposed road/existing authorised structures shall be subject to the existing local town and country planning regulations including the existing norms of ..... from the point closest to the sea of the authorised structure on the adjacent plot belonging to the bombay municipal corporation and such a line should be drawn parallel to the high tide line .....
Tag this Judgment!Court : Mumbai Goa
..... act by the principal civil court of original jurisdiction like the court of the principal district judge is supervisory in nature and, therefore, the aspect of jurisdiction is required to be determined with reference to such supervisory jurisdiction and from this perspective, he further submits, the court of principal district judge at panaji would have jurisdiction to entertain and try section ..... quite different as in that case, the parties themselves had chosen mumbai to be situs for the arbitration proceedings and the pipeline supply agreement was approved by the board of directors of the appellant company in bombay and in this background of facts, it was held that if a court has no ..... appealable to the larger bench, (b) another shape which a preliminary judgment may take is that where the trial judge passes an order after hearing the preliminary objections raised by the defendant relating to maintainability of ..... section 9 of the arbitration act and claimed relief of interim measure under clause (ii) (b) of sub-section (1) of section 9, arbitration act, for securing the amount in dispute in the arbitration proceedings and freezing the bank account ..... such a relief because their exclusive right as franchisee of the respondent no.1 has been breached by the respondents as a result of which, the appellants are not in a position to carry on their activities as franchisee to the exclusion of all other competitors not only at any place situated within the local limits of margao court but also at such ..... maharashtra .....
Tag this Judgment!Court : Mumbai Goa
..... to paragraphs 11, 12 and grounds s and cc of application under section 34 to urge that the pleadings therein already show roots for such amendment and hint at bias only. ..... the division bench that jurisdiction of the arbitrators was never questioned when the order under section 11 was made by high court, nor was it raised for decision of the arbitrators as required by section 16 of the 1996 act. ..... it found that if such a view is taken, no amendment in the application for setting aside the award, howsoever material or relevant it may be for consideration by the court, can be added nor existing ground amended after the prescribed period of limitation has expired although the application for setting aside the arbitral award ..... background that the hon'ble apex court has found in paragraph 14 that a ground not initially raised in petition to challenge the award cannot be permitted to be subsequently raised through an amendment, if such application for amendment itself was beyond the period of limitation fixed for filing of the arbitration petition challenging the award. ..... present respondent in said paragraph 12 has pleaded that their legal assistant submitted before arbitrator that such notice was duly served but the arbitrator refused to believe the legal assistant and did not take ..... 'ble apex court reported at 2010 (4) scc 518 in the case of state of maharashtra v/s. ..... claimed to be a tenant under section 5(11) of bombay rents, hotel and lodging house rates (control) act, 1947. ..... on account of .....
Tag this Judgment!Court : Mumbai Goa
..... submitted that in terms of section 50 of the act, where the land is acquired at the cost of any fund controlled or managed by a local authority or by any company, the charges incidental to such acquisition have to be defrayed by such fund ..... requirement for setting aside open spaces, let alone any provision akin to 5.4(2) pda regulations; that the subdivision made under the old regulations is not governed by pda regulations; that the petitioner is seeking an opportunity to be heard in respect of the proceedings for withdrawal of acquisition under section 48 of the act by equating itself to the proceedings under section 11 of the act; that the petitioner has an alternate remedy under section 18 read with section 48(3) of the act and such ..... 3000 square metres of the said property remained vacant and undeveloped on account of unfilled quarry pit located therein; that in terms of the order ..... following factual position emerges: a) for setting up of the new town of new bombay, in exercise of powers under sub-section 3(a) of section 113 of the said act of 1966 under notification dated 20 ..... maharashtra limited ('cidco'), a local authority was directed to be added as opponent to the land acquisition reference under section 18 of the act ..... on any adult male member of his family residing with him; and, if no such adult member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, ..... a period of .....
Tag this Judgment!Court : Mumbai Goa
..... surprisingly, when the books were presented, it was noted that the books for such relevant periods were found missing and no explanation on that count was forthcoming from the ..... doing so, the courts are required to take into account not only the interest of the petitioners and the respondents but also the interest of public as a whole with a view that public bodies or officials or builders do not act unlawfully and do perform their duties ..... jaiswal and others reported in air 1987 sc 251, and in the case of dattaraj nathuji thaware v/s state of maharashtra and others reported in air 2005 sc 540 are not applicable to the facts of the present case. ..... the learned counsel further submits that the whole exercise on the part of the respondents is a fraud on the statute and the components of the comunidade, to grab the valuable land located in the prime locality, adjoining the highway, ..... the court will be duty bound to right the wrong in the interest of larger section of public that would be harmed and injured if such a plea is not countenanced only because an unrelated, but bonafide citizen has brought it to ..... alia, provides that the comunidade may subject to such guidelines as the government may from time to time issue grant on lease not more than 10,000 square metres of land to the educational societies for construction of play grounds etc. ..... for greater bombay ..... the respondent no.2/comunidade have pointed out that no amounts referred to therein have been paid from the funds of the comunidade. .....
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