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Judgment Search Results Home > Cases Phrase: faridabad development corporation act 1956 section 30 delegation of powers Page 1 of about 109 results (0.137 seconds)

Feb 21 1975 (SC)

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 regulations.152. ..... may provide inter alia for the powers and functions of the corporation which may be delegated to the zonal managers; the method of recruitment of employees and agents of the corporation and the terms and conditions of service of such employees or agents; the terms and condition of service of persons who have become employees of the corporation under section 11 of the act; the number, term of office and conditions of service of members of boards constituted under section 22 of the act; the manner in which the fund ..... may provide inter alia for the powers and functions of the corporation which may be delegated to the zonal managers; the method of recruitment of employees and agents of the corporation and the terms and conditions of service of such employees or agents; the terms and conditions of service of persons who have become employees of the corporation under section 11 of the act; the number, term of office and conditions of service of members of boards constituted under section 22 of the act; the manner in which the fund .....

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May 15 1992 (SC)

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. .....

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Apr 26 2005 (SC)

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)

..... 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 ..... of the petitioners (appellants herein) that they were appointed by faridabad development board. ..... a three-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 the facts ..... after coming into force of the faridabad complex (regulation and development) act, 1971 (act 42 of 1971), all the employees were transferred to ..... the power to legislate has not been ..... rewrite, recast or reframe the legislation for the very good reason that it has no power to legislate. ..... so, what the high court has done in this case is a clear and naked usurpation of legislative power. .....

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Jul 10 1995 (HC)

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. ..... supreme court held that while dealing with the fundamental rights the court's approach must be guided not by any verbal or formalistic canons of construction but by the paramount object and purpose for which the powers have been conferred for protection of the fundamental rights, the interpretation of which is required to receive illumination from the trinity of provisions which permeate and energise the entire constitution namely, the preamble, the founda ..... 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. ..... now, therefore, in exercise of the powers conferred by section 5 of the environment (protection) act, 1986, read with government of india, ministry of environment and forests, department of environment, forests and wild life, notification no. s.o. .....

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Dec 20 1995 (HC)

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

Court : Punjab and Haryana

Reported in : (1996)112PLR617

..... 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 ..... 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 ..... dismissing the writ petition i direct the chief settlement commissioner to take a compassionate view of the matter and initiate such step/steps permissible under the act/rules and even if need be by invoking its inherent powers to accommodate the petitioners (who fulfill the requirement of press notes/instructions etc. ..... power to vary or cancel lease or allotment of any property acquired under this act .....

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Jan 21 2008 (HC)

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

Court : Punjab and Haryana

Reported in : (2008)150PLR492

..... 3826-2tcp-63/35804, dated 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 (? ..... the case of the 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. ..... in a broad, blurred sense, benjamin disraeli was not off the mark even in law when he stated: 'i repeat.that all power is a trust - that we are accountable for its exercise - that, from the people, and for the people, all springs, and all must exist.33 ..... the action is bad where the true object is to reach an end different from the one for which the power is entrusted, goaded by extraneous considerations, good or bad, but irrelevant to the entrustment. ..... hon'ble the supreme court has sustained the challenge and proceeded to explain the legal malafide, which reads thus:pithily put, bad faith which invalidates the exercise of power - sometimes called colourable exercise or fraud on power and oftentimes overlaps motives, passions and satisfactions - is the attainment of ends beyond the sanctioned purposes of power by simulation or pretension of gaining a legitimate goal. ..... when the custodian of power is influenced in its exercise by considerations outside those for promotion of which the power is vested the court calls it a colourable exercise and is undeceived by .....

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Jul 29 1996 (HC)

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 ..... however, it is an admitted position that the government has been given power to prescribe the rates of fee which a municipal corporation can charge for advertisements. ..... it can thus be said that the government has been given power to prescribe the rates of fee which a municipal corporation can charge for advertisements. ..... in exercise of the powers vesting in him under section 46(d) of '1971 act' the chief administrator, faridabad complex administration issued advertisement control order, 1973 and prescribed the fees on different types of advertisements other than the advertisements published in the newspapers. .....

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Jul 17 2003 (HC)

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. ..... 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). ..... 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. ..... 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. ..... 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. .....

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Sep 11 2018 (SC)

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. ..... is satisfied after the due enquiry that the prohibitions hereinafter contained are necessary for the purpose of giving effect to the provisions of the punjab land prevention act, 1900; now, therefore in exercise of the powers conferred by section 4 of the said act, the governor of haryana hereby prohibits the following acts for a period of thirty years(30 years) with effect from the date of publication of this order in the official gazette in the areas specified in the schedule annexed ..... 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. .....

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Mar 07 1996 (HC)

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

Court : Punjab and Haryana

Reported in : (1996)113PLR407

..... the punjab state industrial development corporation. ..... 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 ..... 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 ..... court of delhi and on the application filed by it, the high court of delhi has passed order dated 26.8.1993 restraining the haryana urban development authority, its servants, employees or agents from dispossessing the petitioner from the portion of the property measuring 1-kanal 3-marlas comprised in khasra no. ..... urban development authority on the ground of bar contained in section 50(2) of the haryana urban development authority act, 1977 ..... to have sat on the fence and allowed the government to complete the acquisition proceedings on the basis that the notification under section 4 and the declaration under section 6 were valid and then to attack the notification on grounds which were available to them at the time when the notification was published ..... lordships have held that the high court should not interfere with the exercise of power by the government under section 4(1) at a belated stage. .....

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