Court : Punjab and Haryana
Reported in : (1996)114PLR479
..... '(a) reference to faridabad complex administration, faridabad under the faridabad complex (regulation and development) act, 1971, shall be construed as reference to the municipal corporation of faridabad, and such enactment, rule, order or notification shall apply to the municipal area of the corporation;(b) references to the chief administrator under the faridabad complex (regulation and development) act, 1971, shall be construed in respect of the municipal area as reference to the commissioner appointed under this act;(c) references to any chapter or section of the faridabad complex (regulation and development) act, 1971, shall as far as possible be construed in respect of the municipal area as references to this act or its corresponding chapter ..... made by the corporation under the said provisions;(d) all properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in the administration of the faridabad complex immediately before such commencement, shall with all rights of whatever description used, enjoyed or possessed by the administration of faridabad complex, vest in the corporation;(e) all rates, taxes, fees, rents and other sums of money due to the administration of the faridabad complex immediately before such commencement, shall be deemed to be due to the corporation;(f) all .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2429; 2005(2)ESC252; [2005(105)FLR765]; JT2005(4)SC608; (2005)IILLJ1085SC; (2005)4SCC592; 2005(2)SLJ432(SC)
..... after coming into force of the faridabad complex (regulation and development) act, 1971 (act 42 of 1971), all the employees were transferred to the complex administration. ..... from the record, it appears that these five persons were employees of the faridabad development board which was converted into faridabad notified area committee, later on renamed as faridabad complex administration and finally as faridabad municipal corporation. ..... it was observed that some employees working with faridabad development board, whose services were transferred to faridabad complex administration came to know about the bye-laws formulated by the administration regarding grant of pensionary benefits after they retired. ..... secondly, it was urged that they were entitled to pension in view of notification, dated january 13, 1975 and bye-law 10 which laid down that the faridabad complex administration would follow the punjab civil services rules in the matter of pay, pension etc. ..... the constitutional validity of the scheme had not been challenged by the petitioner. ..... gulati, who was also an employee of erstwhile faridabad notified area committee retired on october 31, 1984 from the respondent-corporation. ..... service on an establishment paid from a contract establishment allowance, with the detailed distribution of which the government does not interfere, whether such contract allowance is a fixed amount or consists of fees;5. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1990]78STC229(P& H)
..... india private limited, by virtue of the notification of 5th april, 1985 (annexure p-3), issued by the governor of haryana under sub-section (3) of section 21 of the faridabad complex (regulation and development) act, 1971 (hereinafter referred to as 'the act').2. ..... is admittedly not located in any backward area of the faridabad complex and does not, therefore, qualify for exemption under the first category ..... new industrial units set up within the faridabad complex for capital equipment, building material and raw material for a period of five years ..... its requests for such exemption, were, however, declined by the administrator, faridabad complex administration, first by his letter of 30th july, 1985 (annexure p-4) on the ground that as their capital investment was more ..... in terms of the notification of 5th april, 1985 (annexure p-3) entitled to exemption from payment of octroi on components brought into the faridabad complex for manufacture by it of electronic goods and television sets.6. ..... being that though it had started its industrial activity in the faridabad complex, earlier by establishing a factory for the manufacture of gas stoves, for which a certificate of registration had been issued to it by the department of industries, haryana on 27th june, 1981, registering it as a small-scale industrial unit for the manufacture of gas stoves and gas stoves with electrical panels, this registration was valid only and specifically for the factory located at plot 38, sector 6, faridabad. ..... fee .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2008(6)SC542; 2008(7)SCALE476
..... reference is also made to faridabad complex requisition and development act, 1971 (in short the `1971 act') the national capital region planning board, 1985 and also to the object of 1971 act. ..... present applicant applied for exemption from haryana development and regulation of urban area act, 1975 for establishment of films studio and allied complex at village anangpur. ..... under section 5 (b) in respect of any specified village or villages, or part or parts thereof, comprised within the limits of any area notified under section 3, the state government may, by special order, temporarily regulate, restrict or prohibit the quarrying of any stone or the burning of any lime at places where such stone or lime had ordinarily been so quarried or burnt prior to the publication of the notification under section 3. ..... the government exercising the powers conferred by section 23 of haryana development and regulation of urban area act, 1975 (hereinafter referred to as `act of 1975') vide letter dated 17.4.1984 granted the exemption subject to certain conditions. ..... under section 4(b), the state government has power to regulate, restrict or prohibit the quarrying of stone or the burning of lime at places where such stone or lime had not ordinarily been so quarried or burnt prior to the publication of the notification under section 3. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)115PLR183
..... section 2(h) of the huda act defines development plan as meaning :-'a plan prepared under the punjab scheduled roads and controlled areas restriction of unregulated development act, 1963, or the faridabad complex (regulation and development) act, 1971. ..... 'under section 2(y)(ii) of the huda act, 'urban area' includes :-'any area declared as controlled area under the provisions of the punjab scheduled roads and controlled areas (restriction of unregulated development) act, 1963, or the faridabad complex (regulation and development) act, 1971.'24. ..... authority under the huda act is bound by all the authorities under the faridabad complex (regulation and development) act, 1971.26. ..... zoning regulations, which prescribe the governing use and development of the land in the controlled areas around faridabad old town and around ballabgarh, as shown in drawing no. ..... did not canvass the point regarding the power of the government to acquire the land for all times to come and under any circumstances, rather it was-conceded that the power to acquire is a plenary power, which vests in the state and the state can acquire the land in the changed circumstances for a valid reason and for a purpose other than the one which had been put forth by the government in the previous notification ..... 26 of 1984, which was published in the haryana government gazette on 16.7.1984, which reads as under :-'14. ..... 26 of 1984.13. ..... 26 of 1984. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)136PLR358
..... however, the counsel for the appellate has referred to section 42 of faridabad complex (regulation and development) act, 1971. ..... in the year 1971, the faridabad complex (regulation & development) act, 1971 (for brevity, '1971 act') came into force and the haryana municipal act, 1973 (for brevity, 'the 1973 act') was also enacted. ..... in view of this section, the power of director, town and country planning who was responsible to recover the external development charges, is to be exercised by the chief administrator of the faridabad complex (now mcf). ..... in their reply, the plaintiff-respondent intimated that since the urban estate or the faridabad complex administration had failed to provide any facility as per the agreement, therefore, the said authorities were not entitled to claim any development charge. ..... surya kant, learned senior counsel for the defendant-petitioner who has argued that the director town and country planning is equivalent to the chief administrator of faridabad complex under section 42 of the 1971 act. ..... on 11/12.9.1975, the plaintiff-respondent addressed a letter to the chief administrator, faridabad complex administration intimating flooding of their factory area during rainy season. ..... referring to rule 26(3) of chapter iv-a of 1965 rules, learned counsel has argued that the powers which were exercised by the director town and country planning under 1965 rules have been exercised by the chief administrator, faridabad complex. ..... 1984; chandavarkar sita ratna rao v. ..... 1984 s.c. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3836; JT2005(6)SC298; [2005]142STC1(SC)
..... reference is also made to several provisions of mines and minerals (regulation and development) act, 1957 (in short 'minerals act, 1957') and it was submitted that position is different after amendment in ..... rate and mode of payment of royalty:subject to the provision of clause 1 of this part, the lessee shall, during the substance of this issue, pay to the state government at such times and in such manner, as the state government may prescribe in respect of any minerals removed by him from the leased area at the rate for the time being specified in the second schedule to the mines and minerals (regulation and development) act, 1957 ..... granted an exemption certificate in form ste-ii by the prescribed authority;(v) it (registered dealer) complies with the provisions of (a) the himachal pradesh general sales tax act, 1968 (b) the central sales tax act, 1956 and (c) the rules, notifications and orders made and issued under these acts;(vi) the exemption certificate continues to remain operative and it has not been withdrawn or cancelled by the prescribed authority or is not annulled or quashed in any appellate, revisional or other proceedings;provided that the ..... actually loses significance because the application for extension of period of validation had not been turned down at any subsequent point of time.40 ..... 17.6.1995 an application was made for its renewal upto 31.12.1995 and the requisite fee had been deposited and the renewal was granted. ..... dated 28.8.1984 and no. ..... : [1984]146itr624(sc) ; .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118
..... the grant of mining lease is governed by the mines and minerals (regulation and development) act, 1957 (for short, 'the mmrd act) which was enacted to provide for the development and regulation of mines and minerals under the control of the ..... management plans at the headquarters of the impact assessment agency.the assessment shall be completed within a period of ninety days from receipt of the requisite documents and data from the project authorities and completion of public hearing where required, and decision conveyed within thirty days thereafter.the clearance granted shall be valid for a period of five years for commencement of the construction or operation.no construction work preliminary or otherwise, relating to the setting up of the project may ..... had not made available to the committee the following information :i) mine wise details of stipulated conditions, which have been fulfilled and those which have not been fulfilledii) details of five major mineral mines in faridabad and gurgaon districts which have fulfilled all the conditions stated in the approved mining plans, environmental and other clearances;iii) details of the mines where mining activity has been undertaken without obtaining requisite environmental clearance.43 ..... seeking permission under this notification, an application in the prescribed form (see annexure), duly filled in, may be submitted to the secretary, ministry of environment and forests, paryavaran bhavan, cgo complex, lodi road, new delhi.xxx xxxx xxxx3. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD388; 2000(1)ALT266
..... the parliament declared that it is expedient in the public interest that the union should take under its control the regulation of mines and the development of minerals and accordingly enacted the mines and minerals (regulation and development) act, 1957 (for short 'the act'). ..... it is submitted that the first respondent invoking its power under sub-section (4) of section 11 of the mines and minerals (regulation and development) act, 1957, recommended the case of the fourth respondent to the central government and accordingly rejected the case of the petitioner. ..... it is true that the rules do not require that personal hearing shall be given, but, if in appropriate cases where complex and difficult questions requiring familiarity with technical problems are raised, personal hearing is given, it would conduct to better administration and more satisfactory disposal of the grievance of citizens. ..... in particular, we may notice, that section 13(2)(a) of the act empowers the central government to make rules providing for the persons by whom, and the manner in which, the application forprospecting licence or mining lease in respect of a land in which the minerals vest in the government may be made and the fees to be paid therefor. ..... cowan, 1984 (1) wlr 501, the question arose is as to whether any oral hearing is requiring to given while considering an application for entertainment licence under the provisions of local government (miscellaneous provisions) act, 1982. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIAD(SC)237; AIR1996SC2560; JT1996(7)SC16; 1996(5)SCALE596; (1996)5SCC670; [1996]Supp4SCR92
..... the parliament enacted the mines and minerals (regulation and development) act, 1957, section 2 whereof contains the declaration in terms of entry 54 of list-i. ..... entry 54 of list-i empowers the union to make laws regulating the mines and mineral development to the extent such regulation and development under the control of union is declared by parliament by law to be expedient in the public interest. ..... these entries which empower the states to make laws with respect to regulation of mines and mineral development and to levy taxes on mineral rights are, however, subject to the provisions of list-i with respect to regulation and development under the control of the union. ..... (2) notwithstanding any judgment, decree or order of any court, all actions taken, things done, rules made, notifications issued or purported to have been taken, done, made or issued and cesses or other taxes on minerals realised under any such laws shall be deemed to have been validly taken, done, made, issued or realised, as the case may be, as if this section had been in force at all material times when such actions were taken, things were done, rules ..... even in the matter of fees, it is not necessary that element of quid pro quo should be established in each and every case, for it is well-settled that fees can be both regulatory and compensatory and that in the case of regulatory fees, the element of quid pro quo is totally irrelevant. ..... the karnataka (mineral rights) tax act, 1984 (karnataka act 32 of 1984).7. .....
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