Court : Mumbai
Decided on : Jul-14-1977
Reported in : AIR1978Bom119; (1977)79BOMLR499
Tulzapurkar, Ag. C.J.1. These petitions raise common questions as to constitutional validity of the Maharashtra Private Forests (Acquisition) Act, 1975, being Act No. 29 of 1975, as amended by Act No. 72 of 1975. The constitutional validity of the said Act has been mainly challenged on three grounds: (a) that the State Legislature of Maharashtra lacks legislative competence to enact the measure, particularly Section 3 thereof, to the extent to which it purports to vest in the State Government the 'forest produce' while acquiring all private forests in the State, (b) that the said enactment, particularly Sections 3 and 5 thereof, contravene the freedom of trade, commerce and intercourse guaranteed under Article 301 of the Constitution and (c) that the enactment, particularly Section 3 thereof, which purports to acquire not merely of mines and minerals, major as well as minor but also mining leases, licences and other rights in mines and minerals conflicts with and trenches upon the occu...
Tag this Judgment!Court : Mumbai
Decided on : Jul-15-1977
Reported in : (1978)80BOMLR599; 1978MhLJ462
Deshmukh, J.1. These petitions arise out of proceedings under Section 47 of the Motor Vehicles Act, 1939 before the State Transport Authority, Bombay, and also the appellate proceedings before the Appellate Tribunal. Since both the applications arise out of the same original proceedings, we have heard them together and this common judgment will dispose of both these petitions.2. The facts giving rise to this dispute may now be noted. The inter-State route Nagpur-Indore via Amravati and Dharni is the subject-matter of grant of regular permit for which there were four competitors. It is not in dispute that there has been inter-State agreement between the State Governments of Madhya Pradesh and Maharashtra. According to the terms of that agreement on the Nagpur-Indore inter-State route the primary permit is to be issued by the State Transport Authorities of Maharashtra and it is to be counter-signed by their counterpart in Madhya Pradesh.3. Between October 1974 and December 1974 the State...
Tag this Judgment!Court : Mumbai
Decided on : Apr-28-1977
Reported in : AIR1978Bom28; 1977MhLJ689
Dharmdhkari, J.1. in Special Civil Application No. 417 of 1977 the petitioner, who is a tenure holder, hag filed a return before the Collector, which was subsequently forwarded to the Surplus Lands Determination Tribunal (hereinafter referred to as 'the S. L. D. T.') and after holding necessary enquiry, the S.L.D.T. found that the petitioner was holding 45.27 acres of land as surplus and, therefore, directed delimitation of the said land under Section 21 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as 'the Act'). Being aggrieved by this order, he filed an appeal before the Maharashtra Revenue Tribunal. The Maharashtra Revenue Tribunal dismissed the said appeal. Being aggrieved by this order, the present writ petition is filed by the petitioner raising various contentions before us. According to the petitioner, the authorities below committed an error in counting the land, which was already counted in the holding of his son Umakant in th...
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