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Municipal Corporation for City of Pune and Another Vs. Bharat Forge Co ...

Court : Supreme Court of India

Reported in : AIR1996SC2856; JT1995(3)SC312; 1995(2)SCALE245; (1995)3SCC434a; [1995]2SCR716; (1995)2UPLBEC740

..... it is urged that because of the special importance of cantonments, the central government has been conferred with the power to control these areas; and it is because of this that the cantonments act of 1924 required by its section 62 to seek objection before imposing any taxation which had admittedly not been done in the present case; and so, octroi could not have collected by the appellant at least after coming into force of the 1924 act. ..... the bench distinguished shama rao's case and held that the delegation was valid, including that part of it by which amendments in the concerned state legislation were allowed to become effective in the cantonment area as well.49. ..... general power to taxation -(1) the board may, with the previous, sanction of the central government, impose in any cantonment any tax which under any enactment for the time being in force, may be imposed in any municipality in the state wherein such cantonment is situated:(2) any tax imposed under this section shall take effect from the date of its notification in the official gazette, or where any later date is specified in this behalf in the notification from such later date.61. .....

Ram NaraIn Son of Sunder Lal, Vs. Sub Divisional Officer and ors.

Court : Allahabad

Reported in : 2008(1)AWC35

..... municipality act-1916 or a cantonment under the provisions of the cantonment act, 1924 or a town area under the provisions of the ..... the matter the provisions of other chapters of the act including the provisions of chapter vii of the act, which contains the provisions of section-123 and to which we are concern, in our considered opinion, shall continue to apply with full force and declaration made under section-143(l) would not affect the operation and applicability of the provisions of chapter vii of the act, which includes section 123 in respect of such land and further on such declaration, the land which is subject matter of declaration is neither excluded from the definition of the 'land' under section 3(14) of the act nor the ..... far as the question with regards to the non-applicability of the provisions of the act in respect of land in dispute on the allegation that it is situated in the municipal area of nagar palika parishad, samli is concern, it is pointed out that the petitioner did not make any averments in the writ petition to the effect that on 7th day of july 1949 land in question was included in the municipality or a notified area under the provisions of the u.p. ..... this connection, it is also significant to notice that the provisions of sub-section (2) of section 123 are coached with deeming provisions and also with non-obstante clause having overriding effect upon the other provisions of the act, therefore, full effect of the provisions has to be given by the courts. .....

Rajesh Agarwal Vs. Union of India and ors

Court : Delhi

..... it was further resolved that the building plan for cinema hall and shops as and when submitted by the applicant be sanctioned in accordance with the provision of cantonments act, 2006 and the building byelaws (copy of cbr is enclosed).moreover, it is submitted that section 244 (1) of the cantonments act, 2006 which deals with the subject of change of use of any land or building in the cantonment lays down that:"no person shall, without the written permission of the board or otherwise than in conformity with the conditions, if any, of such permission(a) ..... the cantonments act, 1924 (ca 1924) was enacted to consolidate and amend the law relating to administration of cantonments ..... learned counsel for the respondents.the cantonment act 1924 and the rules5. ..... of 2009 challenging an order dated 20th february 2009 whereby in exercise of its power to review under section 57 of the cantonments act, 2006 (ca 2006) the government of india (goi) in the ministry of defence (mod) (respondent no.1) set aside a decision dated 4th january 2008 of the cantonment board (cb), meerut (respondent no. ..... 2 (b) of the cantonment land administration rules, 1937 (clar) enforced with effect from 20th november 1947 defines a bazaar area as an area declared under section 43-a ca 1924. ..... section 24a ca 1924 prescribes the duties to be performed by the eo which includes the duty of exercising supervision and control over the acts and proceedings of the cb and being responsible for custody of all the records of the .....

P.S. Gill and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : 16(1979)DLT266; ILR1979Delhi601; 1979RLR497

..... section 5 of the 1924 act which provides for the automatic application of laws in force in the cantonment to any new area that may be included in the cantonment is not relevant in this context and there is nothing else in the said act which precludes the application of any law enacted by a competent legislature for the whole union territory from applying to the cantonment area. ..... rules 4 to 6 land in the cantonment which is vested in the government is divided into two classes : class a land which is required or reserved for specific military purposes and class b land which is not so required or reserved, but is retained in the cantonment for the effective discharge of the government's duties in respect of military administration, land vested in the board u/s 108 of the act is called 'c' class land. ..... the effect of the declaration is set out in sub-section (3) : section 12(3) 'afterthe commencement of this act no development of land shall be undertaken or carried out in any area by any person or body (including a department of government) unless: (i) where that area is a development area, permission for such development has been obtained in writing from the authority in accordance with the provisions of this act ; (ii) where that area is an area other than a development area, approval of or sanction for, such development has been obtained in writing from the local authority concerned or any officer or authority thereof empowered or authorised .....

Kishanlal Agarwala and anr. Vs. State of Assam and anr.

Court : Guwahati

..... (2) it extends to all the villages and the tea garden areas in the whole of the state of assam excepting the autonomous districts under the vith schedule of the constitution of india and any area which has been or hereafter may be included in a municipality or a town committee or a cantonment as constituted under the assam municipal act, 1956 (assam act xv of 1957) and cantonment act 1924 (act ii of 1924) respectively or by any other act. ..... as the assam panchayati raj act of 1972 came into being, it was provided under section 158 of the act that during the period between the commencement of the panchayati raj act and the constitution of the mahkuma parishad under the act, the deputy commissioner shall hold the assets of the mahkuma parishad, in trust for the mahkuma parishad to be constituted under the panchayati rai act and that the deputy commissioner will hand over the assets and properties thus held in trust by him to the mahkuma parishad, in pursuance of which the deputy commissioner did the same. ..... section 163 of this act reads :-- '163 (1) the state government by notification may declare that with effect from such date and in respect of such area or areas as may be specified in the notification, the assam local self government act, 1953 shall be deemed to be repealed. .....

Ram Lubbaya Kapoor Vs. J.R. Chawala and ors.

Court : Delhi

Reported in : 1986(10)DRJ359; 1986RLR432

..... it extends to the whole of the union territory of delhi but docs not apply to the areas which are or may, before the first day of november, 1956, be included in a municipality or a notified area under the provisions of the punjab municipal act, 1911oracantonmentundcrthe provisions of the cantonment act, 1924 (sec section 1, sub-section (2) (a) of the act). ..... it does not say as to what would be the effect of the change so brought about on the operation of the act in the area so excluded indeed, the dmc act does not in terms repeal or over-ride any of the provisions contained in the act. ..... the combined effect of these provisions would, thereforee, be that the dmc act will extend to whole of the union territory of delhi minus the areas falling under the jurisdiction of new delhi municipality and delhi cantonment. ..... unless, thereforee, some more areas excluded from the operation of the act by specifically amending section 1(2) (a) thereof, the mere fact that an erstwhile rural area has ceased to be so by conversion into urban area by virtue of a notification issued winder section 507 cannot proprio vigore have the effect of excluding that area from the operation of the act. ..... so the only possible effect of the transformation of certain rural areas into urban areas would be to deprive the rural areas of the benefits and concessions which they may be enjoying under clause (b) of section 507 ..... the respondents, however, raised a preliminary objection to the effect that raghbir singh respondent .....

Usman Gani J. Khatri of Bombay and ors. Vs. Cantonment Board and Other ...

Court : Supreme Court of India

Reported in : AIR1994SC233; JT1992(4)SC538; 1992(1)SCALE1068; (1992)3SCC455; [1992]3SCR1; 1992(2)LC441(SC)

..... section 181a of the cantonments act.and whereas public notice inviting objections has been issued in this behalf and whereas i have carefully considered all the objections received in reply to the public noticeand whereas i am satisfied that such a scheme of restrictions is necessary to prevent overcrowding in pune cantonment.now therefore in exercise of the powers vested in me under section 181a of the cantonments act, 1924, i hereby sanction the following scheme of restrictions:(a) the permissible floor space index shall be 1 in the civil area notified under section 43a of the cantonments act and bazar areas notified under rule 2(b) of the cantonment ..... was disastrous, especially since the cantonment land involved happened to be in the heart of pune.12.6.19 realising the destructive effect of such developments on the character of cantonment towns, (a character which, the defence authorities are unanimously agreed, is imperative to preserve from the point of view of moral of the armed forces and congeniality of surroundings) the ministry of environment has accepted in 1986 the recommendations of the report of the working group on cantonment areas set up jointly by the department of environment and the ministry of defence proposing ..... the formalities required by the grantee of the conversion including the payment in full of the cost of the conversion was completed by him the conversion was not to be deemed to have been made and, therefore, the plans could not be sanctioned by the .....

K. Parameshwaran Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1982)2ITD371(Mad.)

..... " "(35) 'village' means any local area which is declared to be a panchayat village under section 3, sub-section (1) and 'revenue village' means any local area which is recognised as a village in the revenue accounts of government after excluding therefrom the area, if any, included in - (b) municipalities constituted under the madras district municipalities act, 1920; (c) cantonments constituted under the cantonment act, 1924 (central act ii of 1924); and (d) the townships constituted under the mettur township act, 1940 (madras act xi of 1940), the courtallam township act, 1954 (madras act xvi of 1954) and the bhavanisagar township act, 1954 (madras act xxv of 1954). ..... under section 40 of the aforesaid act, the government may, if a specific motion is passed to that effect by both houses of the legislature, declare any village or town or any specified part thereof to be a township if it is an industrial, labour or institutional colony or a health resort and in regard to an area declared to be a township, the government has to constitute a township committee. ..... it is clear from what we have set out that the concept of municipalities relate to urban local self-government and the concept of panchayat to rural self-government.both these concepts which are mutually exclusive were well known and well established by the time the amendment to section 2(14) (iii) was made with effect from 1-4-1970. .....

Jagat Singh S/O Late Chaudhary Badri Singh Vs. the Estate Officer, Del ...

Court : Delhi

Reported in : 2002VAD(Delhi)713; 98(2002)DLT151; 2002(63)DRJ756

..... corporation not being a company as defined in section 3 of the companies act, 1956 (1 of 1956), or a local authority established by or under a central act and owned or controlled by the central government,(iii) xxx xxx(iv) xxx xxx(v) xxx xxx(vi) xxx xxx(vii) xxx xxx(viii) any cantonment board constituted under the cantonments act, 1924 (2 of 1924); (3) in relation to the national capital territory of delhi,- (i) any premises belonging to the municipal corporation of delhi, or any municipal committee or notified area committee, (ii) any premises belonging to the delhi development authority, whether such premises ..... a plain reading of the above definitions of 'public premises' clearly indicates that cantonment lands or premises belonging to the cantonment board are public premises and that they were specifically included in the definition of the words 'public premises' with effect from 1st june, 1994.15. ..... it must, thereforee, be held that the premises in question, being in the ownership of the central government, could be dealt with by the central government under section 2(e)(1) of the act and in addition thereto, the premises in question could also be dealt with by the cantonment board with effect from 1st june, 1994 under section 2(e)(2)(viii) of the act.34. .....

Ramesh Chandra (Sri) and anr. Vs. Ist Additional District Judge and or ...

Court : Uttaranchal

Reported in : 2005(1)ARC812

..... , namely;'(e) every cantonment in uttar pradesh declared to be cantonment under section 3 of the cantonment act, 1924 (2 of 1924)':'(4) it shall come into force at once';(2) in section 2,(i) in sub-section (1), after clause (c) the following clause shall be inserted, namely:(cc) any building within the cantonment which is or may be appropriated by the central government on lease under the cantonments (house accommodation) act, 1923 (6 of 1923);(ii) in sub-section (3), for the words 'state government', the words 'central government' shall be substituted;(3) in section 3,(i) in clause (b), at the end, the words 'or the tax mentioned in section 69 of the cantonment, act, 1924: shall be added;(ii) in clause (h) at the end, the following words shall be added, namely:'and shall also include the up. .....