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Sukhdev Singh, Oil and Natural Gas Commission, Life Insurance Corporat ...

Court : Supreme Court of India

Reported in : AIR1975SC1331; [1975(30)FLR283]; 1975LabIC881; (1975)ILLJ399SC; (1975)1SCC421; [1975]3SCR619

..... the faridabad development corporation act, 1956 confers the power to make rules on the central government but no power is given to the corporation to make any ..... insurance corporation act, 1956 hereinafter referred to as the 1956 act established the corporation under section 3 of the act. ..... , power to make rules or regulations and to administer or enforce them to the detriment of citizens and others fall within the definition of 'state' in article 12, and constitutional or statutory bodies which do not share that sovereign power of the state are not, in my judgment, 'state' within the meaning of art, 12 of the constitution.this is not in any way contrary ..... without the adoption of a radical laissez faire philosophy and the definition of state functions as they were current in the days of herbert spencer it is impossible to sort out proper from ..... see in this connection the definition of the word in the general clauses act, which reads as follows :'local authority' shall mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the government with, the control or management of a municipal or ..... be noticed that the word 'order' used in the general clauses act is not used in the same sense that word is used in england where orders are excluded from the statutory definition of statutory rules as being administrative. ..... are top fundamental to the society are by definition too important not to be considered government function. .....

M.C. Mehta Etc. Vs. Union of India (Uoi) and ors. Etc.

Court : Supreme Court of India

Reported in : 47(1992)DLT421a(SC)

..... taken through the provisions of delhi development act, 1957, master plan for delhi published in the gazette of india dated august 1, 1990, delhi development authority (zoning) regulations, 1983, delhi municipal corporation act, 1957, faridabad complex administration (regulations and development) act, 1971, the development plan for the faridabad-ballabgarh controlled areas published in the haryana government gazette dated december 17, 1991, air (prevention and control of pollution) act, 1981, the environment (protection act) 1986, national health policy, 1985, ancient ..... monuments act, 1958, national capital region planning board act, 1985 and various other documents including ..... (5) the stone crushers, in respect of which closure-orders/directions have been issued by the central pollution control board under section 31a of air (prevention and control of pollution) act, 1981 or by the central government under section 5 of the environment (protection) act, 1956, shall stop functioning/operating with immediate effect. .....

Hari Chand and ors. Vs. Faridabad Complex Administration and ors.

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)

..... 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 ..... the petitioners (appellants herein) that they were appointed by faridabad development board. ..... -judge bench of this court also took a similar view and dismissed the appeal specifically observing that in view of statutory provision, the retired employees of the respondent-corporation were not entitled to pensionary benefit which was introduced for the first time in april, 1992. ..... apart from the fact that the doctrine of res judicata as envisaged by section 11 of the code of civil procedure, 1908 does not stricto sensu apply to the proceedings under article 226 of the constitution, it has no application to ..... after coming into force of the faridabad complex (regulation and development) act, 1971 (act 42 of 1971), all the employees were ..... from the perusal of various provisions of the act, it was clear, submitted the petitioners, that the function of municipal committee was ..... governed by act of 1971 and their service conditions were regulated by the said act and the ..... under that act, they were entitled to contributory provident fund ..... act .....

ishwar Singh Vs. State of Haryana and Others

Court : Punjab and Haryana

Reported in : AIR1996P& H30

..... (4) the stone crushers in the union territory of delhi/faridabad-ballabgarh complex which do not have valid licenses from the authorities under the delhi municipal corporation act, 1957/faridabad complex administration (regulations and development) act, 1971 or from any other authority which the law requires, shall stop functioning and operating with immediate effect. ..... 152(e) dated the 10th february, 1988 and in pursuance of the provisions of section 7 of the said act and rule 4 of the environment (protection) rules 1986 and all other powers, enabling him inthis behalf, the governor of haryana hereby makes the following amendment in the haryana government, environment department notification no. s.o. ..... whatever be the position regarding the definition of lal lakir or phirni, it is admittedly for the respondents to decide the point from which the distance is to be measured for the purpose of achieving of the objective of the statute, the notifications and the rules framed thereunder. ..... the court would definitely not allow a person to invoke the jurisdiction of this court in public interest, if it is proved that such a person or body of persons was trying to satisfy his personal grudge or enmity to the persons likely to be affected by issuance of the directions. ..... on the basis of judicial pronouncements abadi deh means inhabited village site which is not included in the definition of shamlat deh. .....

Bhim Sen and ors. Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)112PLR617

..... since the land comes within the purview of an urban area and the same falls within the municipal limits of faridabad complex administration (now municipal corporation) a fully developed town and a satellite to delhi, the petitioners have no right even on the basis of these instructions.5. ..... that out of land measuring 345 acres, land measuring 60 acres had already been allotted to public health department, another 25 acres has been given to jail department, 75 acres to housing board and 180 acres to faridabad municipal corporation for jhugi and jhopri dwellers and remaining 5 acres is already under abadi and so the land in dispute is to be utilised for aforesaid public purposes. ..... dealing with the objection raised by the answering respondents that vide annexure p-2 only stay application has been decided and that there is an alternative remedy of approaching the government in terms of section 33 of the act, the counsel argued that the concerned authority has' almost examined the matter in entirety leaving no scope for him or for any other incumbent to grant the relief sought by the petitioners and so this way ..... though the petitioners have failed in their attempt to purchase the property which remained in their cultivating possession for a pretty long time for the reason that the same falls within the definition of urban area as per rules; yet these persons deserve to be accommodated on such other land which comprises the pool of rural evacuee agricultural land for their livelihood. .....

Eros City Developers Private Ltd. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (2008)150PLR492

..... 19.12.1963, as published in punjab government gazette, dated 17.1.1964 (r-2/1), which is governed as per provisions of section 4 of the 1963 act read with section 29 of the faridabad corporation act, 1971 (? ..... development corporation ..... petitioner is that it is a company incorporated under the companies act, 1956, and carries on the business of development and colonisation of real estate in the state of haryana. ..... 226 of the constitution prays for quashing notifications dated 8.10.2003 (p-34) and 7.5.2004 (p-37), issued under sections 4 and 6 of the land acquisition act, 1894 (for brevity, 'the act'), acquiring the land belonging to the petitioner in village lakarpur, tehsil and district faridabad, for a public purpose, namely, for the expansion and systematic development of the tourist complex, surajkund.facts2. ..... , declared the purpose of acquiring the land to develop the same for recreational, cultural and tourism purposes; (b) the petitioner-company has applied under section 3 of the 1975 act as also under the 1963 act for change of land use to develop the land into recreational, cultural and hotel complex ..... while reiterating the contents of the writ petition and controverting the contents of the written statements filed by the respondents it has been averred that it is because of the development activities being carried out by the petitioner-company, the area has assumed significance and the state government is trying to take advantage of the same by acquiring the land belonging .....

Bhatia Art Service Vs. the State of Haryana and ors.

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 .....

Municipal Corporation Vs. Hindustan Vidyut Products Limited

Court : Punjab and Haryana

Reported in : (2004)136PLR358

..... the defendant-petitioner filed their reply taking the stand that under sections 6 and 7 of 1963 act read with sections 347 and 348 of the haryana municipal corporation act, 1994 erection or re-erection of the building and use of land in declared controlled area cannot be permitted without approval of the director i.e. ..... however, the counsel for the appellate has referred to section 42 of faridabad complex (regulation and development) act, 1971. ..... 1,17,320.87 on account of external development charges by the municipal corporation, faridabad and similar demand had earlier been raised by the huda. ..... the commissioner, municipal corporation, faridabad and, therefore, development charges have to be paid.7. ..... 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). ..... yard is deposited within 15 days with the municipal corporation, faridabad, then the order of recovery was to remain stayed during the pendency of the suit. ..... indian aluminium cables limited, which was incorporated on 17.10.1959 under the companies act, 1956. .....

m.c.mehta Vs. Union of India

Court : Supreme Court of India

..... reliance was then placed on the provisions of sub-section (1) and sub-section (7) of section 29 of the faridabad complex (regulation and development) act, 1971 to submit that the notification dated 18th august, 1992 was not applicable to controlled areas. ..... page 9 of 81 village anangpur; the layout plan prepared by the applicant was approved by the town & country planning department and was apparently in conformity with the development plan for faridabad and finally, the applicant had entered into an agreement with the state of haryana to complete its project of a film studio and allied complex within 5 years. ..... therefore, the position as it stood towards the end of august 1992 was that the applicant had the benefit of an exemption under section 23 of the haryana development & regulation of urban areas act, 1975; the applicant was administratively permitted (if not encouraged) by the town & country planning department to construct upon the land owned by it in ias. ..... the order passed by this court on 17th march, 1997 reads as follows: the grievance of the petitioner is that when individual s who seek to construct their houses applying the plans of the faridabad municipal corporation, the plans are not being approved on the ground that the clearance certificates are not obtained from the pollution control board. ..... in other words, this court gave a realistic and pragmatic definition to the word forest and forest land .36. .....

Shrimati Usha Adlakha Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)113PLR407

..... 2.65 acres of land was transferred to the punjab united forge limited by the punjab industrial development corporation and the petitioner entered into an agreement for purchase of the land with the punjab united forge ..... the petitioner has challenged the sale deeds by filing a suit against bee narain and suresh kumar gupta in the court of sub judge first class, faridabad, and in that suit an order of interim injunction has been passed restraining the purchaser from further alienating the property.further assertion of the petitioner is that while these proceedings were ..... haryana urban development authority on the ground of bar contained in section 50(2) of the haryana urban development authority act, 1977. ..... of the property, she applied for permission to raise construction in the form of a shopping centre and the chief administrator, faridabad complex administration, faridabad granted permission to her.however, when she started construction, the haryana urban development authority interfered with the same compelling her to file a civil suit for injunction in the civil court at faridabad. ..... 4 has been dismissed by the additional senior sub judge, faridabad, on 7.8.1954 for want of prosecution and, therefore, now the petitioner cannot question the ..... court and the supreme court have accepted the claim of the petitioners for issue of mandamus to the government of haryana, director of industries and the estate officer, huda, faridabad, to allot plots to the petitioners.vi) petitioners, smt. .....