Court : Delhi
..... compensation in its favour. for the sake of proper appreciation of the facts, the gaon sabha was impleaded as a party i.e. the fifth respondent. the block development officer representing the gaon sabha has filed an affidavit. the affidavit does not disclose the date of vesting of the land after it is assumed to be on the ..... , would be decided in the appropriate court of jurisdiction. he relies upon a judgment passed by another division bench of this court in the case of sanjeev solanki v. delhi development authority & ors. w.p.(c) 1999/2015 dated 24th january, 2017, in paras 5 and 6, has observed as under: 5. while we have declared that the ..... are of the considered view that the necessary ingredients for the application of section 24(2) of the new act as has been interpreted by the supreme court of india and this court in the following cases stand satisfied: (1) pune municipal corporation & anr. v. harakchand misirimal solanki & ors., reported at 2014 3 scc183 (2) union of india and ors .....
Tag this Judgment!Court : Delhi
..... in the revenue estate of w.p. (c) no.7410/2015 page 1 of 6 village malikpur kohi @ rangpuri, new delhi, acquired for public purposes namely planned development of delhi under the land acquisition act,1894 to have lapsed in view section 24 (2) of the right to fair compensation and transparency in land acquisition, rehabilitation and re-settlement ..... the respondents of their onus in making the payment. to support his submission, learned counsel has placed reliance in the case reported as (2014) 3 scc183 pune municipal corporation & anr. v. harak chand misiri mal solanki & ors.4. having heard learned counsel for the parties and taking into consideration the observations made by the supreme ..... court in paras 14 to 20 in pune municipal corporation (supra), which are reproduced as under, we are of the view that the present petition is liable to be allowed: 14. section 31(1) of the 1894 .....
Tag this Judgment!Court : Delhi
..... to 7. as per para 6 of the counter-affidavit filed by the respondent / lac, the amount of compensation is lying deposited in the treasury. para 17 of pune municipal corporation (supra) makes it abundantly clear that deposit made in the treasury would not amount to a tender.8. insofar as the objection, that the present petition is only by a ..... made by the supreme court in paras 14 to 21 w.p.(c) no.171/2015 page 2 of 6 in the case reported as (2014) 3 scc183 pune municipal corporation & anr. v. harak chand misiri mal solanki & ors., which are reproduced as under, we are of the view that the present petition is liable to be allowed: to them unless ..... - affidavit reads as under: - that it is submitted that for the purpose of planned development of delhi, the answering respondent issued a notification u/s 4 of the land acquisition act, 1894 on 13.11.1959 which was followed by notification u/s 6 of the said act dated 12.07.1966 for the acquisition of the lands falling in the khasra numbers .....
Tag this Judgment!Court : Delhi
..... part demolition was carried out on 19.11.2014. mr. bindra further submits that the present case is fully covered by the decision rendered in the case of pune municipal corporation & anr. v. harakchand misirimal solanki & ors., reported at 2014 3 scc183 mr. bindra very fairly admits that there is some inter se disputes between the petitioner rajesh ..... and 123 biswas, situated at the revenue estate of village sarai kale khan, new delhi was notified under section 4 of land acquisition act on 04.041964 followed by declaration under section 6 of land acquisition act on 07.12.1966 for planned development of delhi. in pursuance of said notification, notices under section 9 & 10 as provided under the ..... c) nos.8324/2014 & 8591/2015 page 4 of 8 8. in the case of pune municipal corporation & anr.(supra), the supreme court of india in paras 14 to 20 held as under: (i) 14. section 31(1) of the 1894 act enjoins upon the collector, on making an award under section 11, to tender payment of compensation to .....
Tag this Judgment!Court : Delhi
..... part demolition was carried out on 19.11.2014. mr. bindra further submits that the present case is fully covered by the decision rendered in the case of pune municipal corporation & anr. v. harakchand misirimal solanki & ors., reported at 2014 3 scc183 mr. bindra very fairly admits that there is some inter se disputes between the petitioner rajesh ..... and 123 biswas, situated at the revenue estate of village sarai kale khan, new delhi was notified under section 4 of land acquisition act on 04.041964 followed by declaration under section 6 of land acquisition act on 07.12.1966 for planned development of delhi. in pursuance of said notification, notices under section 9 & 10 as provided under the ..... c) nos.8324/2014 & 8591/2015 page 4 of 8 8. in the case of pune municipal corporation & anr.(supra), the supreme court of india in paras 14 to 20 held as under: (i) 14. section 31(1) of the 1894 act enjoins upon the collector, on making an award under section 11, to tender payment of compensation to .....
Tag this Judgment!Court : Karnataka
..... must be done in that way or not at all. other methods of performance are necessarily forbidden. 9. the above view has been re-affirmed in the case of delhi development authority vs. kusham jain and another- [(2016) 16 scc254. it has been held that only when certain contingencies as envisaged under section 31(2) arise, the compensation amount ..... that compensation was tendered or paid to the land owner.8. while dealing with the scope and nature of section 31 of the land acquisition act, 1894, the apex court in the case of pune municipal corporation & another vs. harakchand misirimal solanki & others (2014) 3 scc 183, has held in para 14 to 16 and para 18 as under: 14. ..... was based on the judgment rendered in similar case vide w.p.nos.11022-24/2011 and other connected - 3 - matters [gautam kamat hotels pvt. ltd. vs. bangalore development authority]. disposed of on 08/08/2011, wherein the learned single judge held that possession of the lands in question was indeed not taken over by the bangalore .....
Tag this Judgment!Court : Karnataka
..... . it is contended that the remedy provided under section 24(2) of act no.30/2013 which is a beneficial piece of legislation to achieve noble social objects and the said provision is in favour of the land owners. the supreme court in tukaram kana joshiand others vs. maharashtra industrial development corporation and others, (2013)1 scc 353 para 17 has held as ..... and others, (1970) 3 scc 323, while examining the constitutional validity of the maharashtra industrial development act, 1962, an enactment that is pari materia to the kiad act, held as follows: "15. it is in the background of the purposes of the act and powers and functions of the corporation that the real and true character of the legislation will be determined. that is the .....
Tag this Judgment!Court : Karnataka
..... . it is contended that the remedy provided under section 24(2) of act no.30/2013 which is a beneficial piece of legislation to achieve noble social objects and the said provision is in favour of the land owners. the supreme court in tukaram kana joshi& others vs. maharashtra industrial development corporation and others, (2013)1 scc353para 17 has held as follows:- depriving ..... and others, (1970) 3 scc323 while examining the constitutional validity of the maharashtra industrial development act, 1962, an enactment that is pari materia to the kiad act, held as follows: 15. it is in the background of the purposes of the act and powers and functions of 108 the corporation that the real and true character of the legislation will be determined. that is the .....
Tag this Judgment!Court : Delhi
..... for a special forum for adjudication of the disputes involving a 'supplier' registered thereunder, overrides the act i.e., the arbitration and conciliation act 1996. the following observations in snehadeep structures pvt. ltd. v maharashtra small scale industries development corporation ltd. (supra) which dealt with the statute of 1993 omp (comm.) 76/2016 page ..... been completed much earlier and not where it continued after registration of the supplier under the msmed act. likewise, the decisions in m/s frick india ltd. v. madhya pradesh micro and small enterprises facilitation council (supra) and faridabad metal udyog pvt. ltd. v. anurag deepak (supra) are distinguishable on facts. to reiterate ..... registration, then an entity on the basis of subsequent registration could not have availed the benefit of the msmed act. (vi) reliance was also placed on the decision of the bombay high court in faridabad metal udyog pvt. ltd. v anurag deepak 2013 scc online bom 1789; hindustan wires limited v. r. .....
Tag this Judgment!Court : Supreme Court of India
..... amount on fact or on legal aspect that there was no scheme under the provisions of sections 49 and 50 framed by the bhopal development authority under the act of 1973. thus the respondent-corporation was not required to reply in the matter of bhopal what has not been averred by the appellants with respect to framing of the ..... scc577 47. it was also submitted on behalf of the appellants that when under section 56 of the act of 1973 land has been acquired for town development scheme by development authorities, the power cannot be treated to be with the corporation to vest the property in the public street without its acquisition under the provisions of section 305 of the ..... no omission or lacunae, much less casus omissus as submitted, in the provisions contained in section 305 of the act of 1956.44. in the case of municipal corporation, bhopal, the action has been taken as per the development plan/master plan, 2005 notified in the year 1995. with respect to indore, action has been taken as per .....
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