Court : Mumbai Goa
..... the honble supreme court in the case of karnataka industrial areas development board (supra) relied by mr.sonak was delivered on 12th ..... acquisition act, as the airport is neither an industrial area nor an industrial estate nor an industry for the purposes of the state act for which acquisition can be made; iii) environmental clearance is a must for the proposed project and the same ought to have been obtained before the acquisition proceedings are initiated; ..... this court and other high courts, to which a reference has been made, yet, finding that the legislations in the field have undergone a definite change with the airport authority of india act, 1994 being enacted and amended, which is a development subsequent to the decision in nandkumars case (supra), we are of the opinion that in the present facts and circumstances, we cannot strike down the notification on the ground that the ..... making the rule partially absolute in the above petitions is concerned, we direct that in terms of the undertaking given by the state, it will give a hearing under section 5-a of the l.a act read with the goa, daman and diu land acquisition rules, 1972 within a period of thirty days from the date of receipt of copy of this order. ..... and what has been stated is that in terms of the airports authority of india act, 1994, the central government can grant concession to the private entity for financing, development, operation and maintenance of an airport being managed by the airport authority of india. .....
Tag this Judgment!Court : Mumbai Goa
..... area development authorities act ..... mining operations; (i) the manner in which the rehabilitation of flora and other vegetation, such as trees, shrubs and the like destroyed by reasons of any quarrying or mining operations shall be made in the same area or in any other area selected by the state government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the quarrying or mining lease; (j) the manner in which and the conditions subject to which ..... aerial ropeways, pipelines and the making of passage for water for mining purposes on any land comprised in a quarry or mining lease or other mineral concession; (l) the form of registers to be maintained under this act; (m) the reports and statements to be submitted by holders of quarry or mining leases or other mineral concessions and the authority to which such reports and statements shall be submitted; (n) the period within which and ..... directorates of mining and geology of any state government (by whatever name called ), and the mineral exploration corporation limited, a government company within the meaning of section 617 of the companies act, 1956:] [provided also that nothing in this sub-section shall apply to any mining lease (whether called mining lease, mining concession or by any other name) in force immediately before the commencement ..... ; (11) pallavagranite industries india pvt. ..... industries ..... industries ..... court in the case of pallavagranites industries vs. ..... (10) pallavagranites industries vs. .....
Tag this Judgment!Court : Mumbai Goa
..... with cellars, out-houses, servant quarters, privies, bath rooms, ramps or stairways leading to cellars or upper floor, water purification plants, humidification ducts, smoke chimneys, reservoirs, swimming pools, but shall not include any area covered by balconies not projecting more than 1.2 metre, steps, septic tanks, soak pits manholes, fountains, constructed below the level of ground, swing frames, compound walls and gates?. ..... to understand the meaning of the words 'built-up area' in the context of the development permitted in the state, it would be also appropriate to consider the definition of the words 'built-up area' under the goa ( regulation of land development and building construction ) act, 2008 which reads thus : built-up area? ..... the ao noted that the appellant did not fulfill the conditions specified under section 80-ib(10) of the said act essentially on the ground that only flats/apartments constructed on the land will have common areas sharing with other residential units and as such since the construction of villas/bungalows/row houses are independent and do not share common areas, the appellant did not fulfill one of the conditions specified under section 80-ib(10) of the said ..... prior to the insertion of this definition in the aforesaid section, built up area did not include projections and balconies as per the national building code, building industry practice and also according to the building by-laws. .....
Tag this Judgment!Court : Mumbai Goa
..... at para 18 of the said affidavit, the town planner further states that at the said meeting, the effect of the notification of the government of india concerning the coastal area classification and development regulations framed under section 3(1) and 3(2) of the environment protection act and rules 5(3) of environment (protection) rules, 1986 was also considered and it was deliberate to follow the set back line of 10 metres along the river and ..... examining the environmental aspect for the project of the respondent no.7, though the provisions of crz notification of 1991 were in fact clearly noted, the respondent no.3 chose to direct the concerned department to change the distance of the no development zone and make changes in the plan though the notification itself provided that until the coastal management plan is approved by the central government, all the restrictions imposed under the crz notification of ..... the authorities have committed a fraud in the interpretation of the relevant provisions of the notification of 1991 which clearly discloses the illegal malice of the government authorities to manipulate the consideration applicable to the project within crz areas in order to grant permissions to the respondent no.7. the learned counsel further pointed out that there was collusion between the government/respondent no.2 and the respondent no.7 in misleading the correct facts in issue by filing ..... rule 5 provides for prohibition and restrictions of locating of the industries .....
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..... aside the communication dated 19.09.2013 of the deputy collector directing the petitioner to pay conversation fees in terms of the goa land revenue code (amendment) act 2013 and accordingly direct the respondents to recalculate the fees payable by the petitioner on the basis of the area of conversion at the rates applicable on the date of making of the application dated 08.03.2013 with further direction that the excess fees recovered from the ..... is further pointed out that whilst carrying out such development of area of 8940 square metres of the property bearing chalta ..... court also held that in fact there was no need to make any such application for conversion after september 1962 when the master plan was prepared by the delhi development authority declaring the region in which the leased land was situate as a commercial zone. ..... requested the deputy collector on 24.09.2013 to amend the memorandum dated 13.08.2013 so as to include the open space of 9354.50 square metres in addition to the applied area of 16014 square metres and a challan was thereafter issued on 04.10.2013. ..... industries ..... industries ..... senior advocate further pointed out that whilst assessing the amount of conversion fees payable by the petitioner, such fees were assessed on the basis of the goa land revenue code (amendment) act 2013 which came to be published in the official gazette dated 22.05.2013 whereby the fees were substantially increased depending upon the categories such as residential, commercial and industrial. .....
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..... of respondent no.11 is the goa industrial development corporation (gidc). ..... it is contended that the report of the town and country planning authority is an eye wash and shows wrong area of the setback of the road required to be kept between the building line and the extent of the plot of respondent no.10 and it is erroneously measured from the middle of ..... drawn to the rule relating to the restrictions on development within setback in the aforesaid act under regulation 4.5. ..... area of the plot to be 1600 square metres which is as per the sale deed executed by the developer. ..... page 160 shows the certain car parking spaces within the setback area on north, south and also on west of the property. ..... the restriction which requires the setback area to be kept permanently open to sky specifies that it should not be used for stacking materials or loose articles for the purpose of trade or otherwise or used for putting up fixed or movable platforms, advertisement hoarding ..... this court had ordered the town and country planning authority to make a report upon taking the site inspection as to what area has been left for the road as also the area of the acquired land of respondent no.7. ..... the goa ( regulation of land development and building construction ) act, 2008 and the rules thereunder show the definition of 'right of way' in section 2(113) as the 'road or the right of way' to mean the right of way of the road or street inclusive of the carriageway, ..... drawn to the table ix-a in the aforesaid act. .....
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..... control board (gspcb) shall formulate plans for regular monitoring and control of coastal pollution through industrial and urban development in collaboration with goa coastal zone management authority (gczma) and also to contribute in development of effective coastal zone management plan in the light of prevailing tar ball formation along the coast ..... 9, shall check, monitor and record entries made in the oil record book to be maintained under section 356f of the merchant shipping act, for all merchant vessels entering or leaving mormugao port, and in particular shall check and record the following:- a) bunker transfer entries showing fuel oil transferred to or from a port bunker b) ..... (iv) since, exploration of new offshore oil and gas fields, development of identified fields and enhancement of production of old fields and oil and gas processing activities on the platforms are the series of activities that would continue in the west ..... 7, 8 and 11 around the offshore oil and gas activities in west coast area for marine environmental quality both in pre monsoon and post monsoon season for potential pollution indicating parameters in case of water column and sediments and planktons ..... 7 and 13 to monitor inland water ways and riverine area within the state of goa where barges, trawlers and ..... finger printing methods and other modern scientific methods of detection of oil pollution at sea and inland water ways and for better enforcement of the provisions of the merchant shipping act. 6. .....
Tag this Judgment!Court : Mumbai Goa
..... control board (gspcb) shall formulate plans for regular monitoring and control of coastal pollution through industrial and urban development in collaboration with goa coastal zone management authority (gczma) and also to contribute in development of effective coastal zone management plan in the light of prevailing tar ball formation along the coast ..... 9, shall check, monitor and record entries made in the oil record book to be maintained under section 356f of the merchant shipping act, for all merchant vessels entering or leaving mormugao port, and in particular shall check and record the following:- a) bunker transfer entries showing fuel oil transferred to or from a port bunker b) ..... (iv) since, exploration of new offshore oil and gas fields, development of identified fields and enhancement of production of old fields and oil and gas processing activities on the platforms are the series of activities that would continue in the west ..... 7, 8 and 11 around the offshore oil and gas activities in west coast area for marine environmental quality both in pre monsoon and post monsoon season for potential pollution indicating parameters in case of water column and sediments and planktons ..... 7 and 13 to monitor inland water ways and riverine area within the state of goa where barges, trawlers and ..... finger printing methods and other modern scientific methods of detection of oil pollution at sea and inland water ways and for better enforcement of the provisions of the merchant shipping act. 6. .....
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..... executive officer, goa industrial development corporation was respondent no ..... also land was acquired for the expansion of verna industrial estate (phase-ii), under the notification issued under section 4(1) of the act and published in the official gazette dated 22/3/1990. ..... notification issued under section 4(1) of the land acquisition act, 1894 (hereinafter referred to as the act) and published in the official gazette dated 5/10/1987, land was acquired for setting up an industrial estate at verna plateau. ..... jivanbhai patel [(2008) 14 scc 745], it has been held that if the increase in market value in urban/semi-urban areas is about 10% to 15% per annum, the corresponding increases in rural areas would at best be only around half of it, that is, about 5% to 7.5% per annum. ..... he submitted that by notification issued under section 4(1) of the act, and published in the official gazette dated 22/3/1990, additional land was acquired for the said purpose of expansion of the industrial estate at verna and that this included the balance portion of the land of the applicant from the same survey ..... the notification issued under section 4(1) of the act was published in the official gazette dated 22/3/ ..... should be the true market value of the acquired land, as on the date of publication of notification under section 4(1) of the act, is the question which arises for determination. 14. ..... the notification under section 4(1) of the act, insofar as the acquired land which was subject matter of first appeal .....
Tag this Judgment!Court : Mumbai Goa
..... chief executive officer, goa industrial development corporation was respondent no ..... also land was acquired for the expansion of verna industrial estate (phase-ii), under the notification issued under section 4(1) of the act and published in the official gazette dated 22/3/1990. ..... notification issued under section 4(1) of the land acquisition act, 1894 (hereinafter referred to as the act ) and published in the official gazette dated 5/10/1987, land was acquired for setting up an industrial estate at verna plateau. ..... jivanbhai patel [(2008) 14 scc 745], it has been held that if the increase in market value in urban/semi-urban areas is about 10% to 15% per annum, the corresponding increases in rural areas would at best be only around half of it, that is, about 5% to 7.5% per annum. ..... he submitted that by notification issued under section 4(1) of the act, and published in the official gazette dated 22/3/1990, additional land was acquired for the said purpose of expansion of the industrial estate at verna and that this included the balance portion of the land of the applicant from the same survey ..... the notification issued under section 4(1) of the act was published in the official gazette dated 22/3/ ..... should be the true market value of the acquired land, as on the date of publication of notification under section 4(1) of the act, is the question which arises for determination. 14. ..... the notification under section 4(1) of the act, insofar as the acquired land which was subject matter of first appeal .....
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