Goa Daman And Diu Mining Concessions Abolition And Declaration As Mining Leases Act 1987 Section 17 Protection Of Action Taken In Good Faith - Judgment Search Results

Gangadhar N. Agrawal Vs. Union of India and ors.

Court: Delhi

Reported in: ILR1970Delhi452

enacted with retrospective effect from 20th of December, 1961. The Goa, Daman and Diu (Laws) Regulations No. 12 of 1962 was of each such Act shall come into force in. Goa, Daman and Diu as the Lt. Governor may by notification in Directorate of Industries and Mines, Government of Goa, Daman and Diu; and (3) Vinod Kumar Shantilal Cosalia, mine owner and exporter, be made to a few other provisions of the Portuguese Mining Laws. Articles 49 to 70 in Chapter Iii of the the fees paid by him for the granting of the concessions, and the fees were ordered to be paid to him. terms of Article 73. (d) ** ** ** ** (e)A declaration of having relinquished national rights (model 'D') if the applicant, application and the right of the petitioner to obtain mining leases in respect of the areas in question, and that the March, 1962, Parliament enacted the Goa, Daman and Diu (Administration) Act (No. I of 1962), replacing the aforsaid Ordinance No. 2 India, in exercise of the powers of revision conferred by section 30 of the Mines & Mineral (Development and Regulation) Act, remaining documents demanded by law within 30 days. Then, on 17th September, 1959, he filed four applications along with certain documents at or about the time of liberation, and that suitable action is being taken accordingly by the Mining Department which has have lapsed. As held by us above, the said view taken by the Government was incorrect and not in accordance with of the same areas. If the petitioner succeeds in making good his claims, respondent No. 3 cannot be heard to say

Kamat Holiday Resorts Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court: Mumbai

Reported in: 1989(2)BomCR261; (1989)91BOMLR587

These definitions are exhaustively considered by the Supreme Court in Goa Sampling case cited (supra). Section 3 serves as a preamble Daman and Diu along with Office of the Collector at Daman. This notice is signed by the then Collector Shri Khan. relevant which reads as ---'NO: COL/DEV/Tourism /Admn. of Daman and Diu Office of the Collector DAMAN, Moti-Daman 396220.'This letter, therefore, makes Dharmendra Trading Co. etc. : [1988]172ITR395(SC) the argument that the concession granted by the earlier order was of no legal effect 20, because section 4 indicates the preliminary stage about the declaration of the intention while it gets the final mould only lease-hold rights for any non-agricultural purpose.'Rule 33 relates to temporary leases and reads as ---'Subject to the provisions of Rule 35 actually acted on the same. The detriment is apparent because acting on the promise has changed the position of the petitioners Diu at Panaji in Land Revenue Appeal No. 2 of 1987 in the matter of Mr. Jimmy Gazdar v. The Deputy force and it is supplemented by the principle envisaged under section 114(e) of the Evidence Act about the presumption of the of course all other formalities are fulfilled. This would afford protection to both the sides.49. Consequently execution of this order is be decided in each case with reference to the particular action. It was however indicated further what when the State ventures would also lie in the same region where objection was taken by the Forest Department and secondly the same contains some therefore on this principle the Government was bound to make good representation made by it. In the instant case also as

Kum. Maria Eliza Marques Vs. Shri Madhukar M. Moraskar and Others

Court: Mumbai

Reported in: 1998(2)ALLMR703; 1998(3)BomCR36

Mundkar is a Konkani term applied to a person in Goa who resides in a house built in the property of and others'-- is sent back to the Administrative Tribunal, Goa, Daman and Diu at Panaji for fresh decision of the said them and for matters connected therewith, the Goa, Daman and Diu (Protection from Eviction of Mundkars, Agricultural Labourers and Village Artisans) employer's residence; (iii) a person employed in a mill, factory, mine, workshop or a commercial establishment and is residing in the to the Mundkar from threatened wrongful dispossession and also for declaration of his rights under the Act. The Act also provides his majority, he filed the suit in 1971 that the lease entered into with the respondent No. 1 herein be declared It is not that the powers of revision under the Act are to be exercised in addition to the powers conferred would be covered within the definition of 'dwelling house' under section 2(i). The emphasis of the Legislature is that house to Protection Act, 1975) was enacted which came into force on 17-2-1976. The preamble ol Mundkars Protection Act, 1975 shows that it house within the meaning of section 2(i) of the Mundkars Protection Act, 1975 and, therefore, the respondent No. 1 could not period of 7 years after the petitioner attained majority, no action was taken against the respondent No. 1. In this fact year 1964 and even after attaining majority no steps were taken by the petitioner regarding eviction of the respondent No. 1

Jimmy Jai Gazdar Vs. Panjim Planning and Development Authority Through ...

Court: Mumbai

Reported in: 1989(1)BomCR640; (1989)91BOMLR46

situated at Sinquerim, Bardez Taluka withing Village Panchayat of Candolim, Goa. On December 18, 1986 the Panjim Planning and Development Authority the appeal filed by the petitioner.13. The Legislature of Goa, Daman and Diu enacted the Goa, Daman and Diu Town and in terms of Regulation 83(3) of the Goa, Daman and Diu Village Panchayat Regulations 1962, by the Village Panchayat of Candolim developments or uses of lands which are undertaken after a declaration under section 18(1) of the Act is made, the planned 1986 Candolim was part of a planning area Alternatively, at least since 24th April, 1986, when the Gazette notification was published, petitioner to stop construction work and to show cause why action shall not be taken against the petitioner. It is immaterial formal licence granted by the Village Panchayat on 20th December, 1987. The impugned orders did not also take into consideration that of the Act in the area illegal nor does the section 43 require that fresh permission must be obtained for a authority can revoke or modify permission obtained termporarily. No similar protection has been given to that incomplete activity. The Government under his contentions and that the Authority had decided to take action under sub-sections (3) and (4) of section 52 of the operations or change of user have been completed or had taken place. Thus, under said proviso to section 50(1) the revocation

Vithal V. Gaitonde Vs. Union of India (Uoi) and anr.

Court: Supreme Court of India

Reported in: JT2003(10)SC121; 2003(10)SCALE1031; (2003)12SCC590; 2004(2)SLJ231(SC)

enactment or the effect of the decision in State of Goa v. Yvette Periera : (1996)9SCC212 10. On 27.8.1962, the Ministry Act would not be applicable to him. In the Goa, Daman & Diu [Absorbed Employees] Act, 'absorbed employee' has been defined existed under the former Portuguese Administration in Goa, Daman & Diu immediately before 20.12.1961. Section 3 thereto empowers the Central Government appellant on Sections 6 and 24 of the General Clauses Act, which have no bearing on the question to be decided before us by the learned counsel for the appellant on Sections 6 and 24 of the General Clauses Act, which have pay scale to the post and, therefore, the question of protection of the benefits arising from the E.F.U. Portuguese Rules would service record of the appellant that the decision had been taken to attach an Indian pay scale to the post and,

Delta Engineers Vs. State of Goa and ors.

Court: Supreme Court of India

Reported in: 2009AIRSCW4319; JT2009(9)SC142; 2009(8)SCALE685; (2009)12SCC110

NOC dated 25.7.1983 from the Captain of Ports, Government of Goa. The said NOC was renewed every year. On 29.8.1989, the the Indian Ports Act, 1908, the Lieutenant Governor of Goa, Daman and Diu made the Goa, Daman and Diu Ports Rules, to impose a tax on barges in Goa, Daman and Diu. Section 3 of the said Act provides that a tax rules came into force. It therefore prayed (a) for a declaration that the Goa Ports (Amendment) Rules, 1992 and Rule 54A The port authorities can also enter into an arrangement of lease/licence with the users of such riverine land/demarcated river surface alongside of the extended definition of the word `port' in Ports Act and the notification dated 29.11.1967 defining the areas falling within impose a tax on barges in Goa, Daman and Diu. Section 3 of the said Act provides that a tax at the appellant that unless there was compliance with the demand, action will be taken to revoke the NOC and evict the unless there was compliance with the demand, action will be taken to revoke the NOC and evict the appellant. In view place', is a place where people can embark/disembark and/or where goods can be loaded/unloaded, from or into a vessel. The term

Bhanubhai M. Raval Vs. Union of India and Others

Court: Mumbai

Reported in: AIR1991Bom91; 1990(2)BomCR22; (1990)92BOMLR167

The respondent was a member of the Legislative Assembly of Goa, Daman & Diu representing the Diu constituency. Diu Constituency ceased to the Goa Assembly from the Diu Constituency. On 29-5-87 Daman & Diu (Administration) Regulation, 1987 came into force. As a Assembly of Goa, Daman & Diu representing the Diu constituency. Diu Constituency ceased being represented in the Assembly with effect from ORDERSharad Manohar, J.1. Questioninvolved in the Petition and the statement of skeleton facts giving rise to the question: A question and Respondent No. 4 is hereby restrained from continuing or acting as the Member of the Pradesh Council under clause 3 coming into operation of the Daman & Diu (Administration) Regulation 1987. The position is further confirmed by the Goa, Daman & has incurred, oror incurs any of the disqualificationpara specified in section 11 of the Goa,phrased. Daman and Diu Village Panchayats Regulation, the Goa,phrased. Daman and Diu Village Panchayats Regulation, 1962.'Under Clause 17 of the Regulation, an Administrator is empowered to appoint two in the other States. In spite of this position, the prosecution which was pending against him resulted in an order against the Goa Assembly was dissolved in 1989, new elections have taken place to that Assembly and admittedly the respondent is not

Goa Housing Board Vs. Rameshchandra Govind Pawaskar and anr.

Court: Supreme Court of India

shall have the same meaning assigned to them under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of use of land. - Notwithstanding anything contained in the Goa, Daman and Diu Town and Country Planning Act, 1974 (Act 21 same meaning assigned to them under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964). 3. Exemption. process under the Town Planning Act. Section 18 provided for declaration of planning area. Section 29 relates to preparation of an as residential/commercial/industrial plots. We are of the view that at least 50% will have to be deducted from the market value consequently ceased to be agricultural land before the Land Use Act came into force with retrospective effect from 2.11.1990; and therefore thereof, shall be disposed of in the manner provided therein. Section 18K of the Tenancy Act provides that no land purchased use cannot form the basis of determining the market value. 17. Where an acquired land is subject to a statutory covenant use other than agriculture, the High Court could not have taken note of the development and building potential of the acquired If it is to be sold, it will fetch a good price at par with prevailing market value. But if the

Arolkar Ghanshyam Govind Vs. Chandrakant Tukaram Korgaonkar and Others

Court: Mumbai

Reported in: AIR1991Bom216; 1991(1)BomCR460; (1990)92BOMLR343

Councilor but also the co-opted and nominated Councilor are included.The Goa, Daman and Diu Municipalities (President and Vice-President Elections) Rules, 1969 but also the co-opted and nominated Councilor are included.The Goa, Daman and Diu Municipalities (President and Vice-President Elections) Rules, 1969 for and co-extensive with elected Councilor under the Goa, Daman and Diu Municipalities Act to participate in any meeting and vote for No. 1 got the majority of votes and was accordingly declared duly elected to the post of Vice-President.3. The sole question the Rules having been made under the parent Act, the Act will prevail and not the Rules. Equally effort is that in exercise of the powers conferred by sub-section (2) of Section 306 read with Sections 18 and 52 of the Act Vice-President of a Council. Obviously selection of co-opted Councilors is taken up after the election of the President and Vice-President under

Govansh Raksha Abhiyaan-Goa and Others Vs. State of Goa, Through Depar ...

Court: Mumbai Goa

nos. 1 and 2 are accordingly directed to make the Goa Meat Complex operational as expeditiously as possible after complying with to ensure strict compliance and any implementation of the Goa Daman and Diu Prevention of Cow Slaughter Act and The Goa of Cruelty to Animals Act, 1960, the Goa, Daman and Diu Prevention of Cow Slaughter Act, 1978, The Goa Animal Preservation Preservation Act as the State Act cannot and does not declare a slaughter made outside the State as illegal. The legislature of Section 38 of the Prevention of Cruelty to Animals Act, 1960, the Central Government has made Rules known as The above, there is no merit in the challenge to Sub Section (1) of Section 5A. Taking note of the said observations, in the context of what has been stated herein above. 17. We, accordingly, direct the Respondent nos. 1 and 2 to of Gujarat v. Mirzapur it has been held that the protection envisaged under Article 48 extended even to cattle that had guidelines for slaughterhouses. (Action: CPCB) 2. CPCB will also initiate action against all slaughterhouses which are not meeting the norms and cannot be accepted. But, however, the observations therein can be taken note of to the extent applicable in the context of