Court : Mumbai Goa
..... the learned counsel for respondent made submission that in respect of the said dispute reference was made to industrial tribunal by the central government and so it needs to be inferred that central government is appropriate government for the present purpose also. ..... if the development of the law in respect of the dock workers is seen and the provisions of the act like dock workers (regulation of employment) act, welfare act and the safety schemes prepared by port authorities are seen, it can be said that the workers which fall under the scheme of these acts are under control of the authorities created under these legislations. ..... ) this court interpreted section 25(g) of industrial dispute act, 1947 and has also discussed the scope of inquiry. ..... section 1(5) of esi act shows that the act can be made applicable by appropriate government to other establishments which may be industrial, commercial, agricultural or otherwise. ..... on the aforesaid point, the decision of supreme court given in civil appeal no.3508 of 1996 on 2/02/1966 in the matter between municipal committee, abohar v/s. ..... the insurance court accepted the submission that as per the scheme and regulations the outsiders cannot be allowed to work in the port area and so those workers cannot be considered for making the tally 20 for the purpose of esi act. ..... from particular area from the operation of the act for the period not exceeding one year by a notification in official gazette. .....
Tag this Judgment!Court : Mumbai Goa
..... 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. .....
Tag this Judgment!Court : Mumbai Goa
..... consultancy services to promote and organise an integrated and efficient development of iron and steel industry and to act as an agent of the government / public sector financial institutions ..... the school, in accordance with the provisions of sub-section (2) of section 13, or (vi) has closed down the school or any class or section of the school in contravention of the rules made under this act or any order, direction issued thereunder, or (vii) has made a written representation expressing its inability to run the school, and that it is expedient in the public interest or in the interests of school ..... not directly paid by the government or by the director of education; that receiving of salary in the above manner does not amount to holding an office of profit, as alleged; that the education act and the rules made thereunder do not control or govern the services of the petitioner as a primary teacher of the government of goa; that it is only the appointing authority, which is the management ..... contested the election petition, inter alia, on the grounds:- that he had not incurred any disqualification; that the society is a private registered society registered under the societies act, which is neither the department of the government nor office of the government and also not an instrumentality of the government; that the said society is an independent body ..... some officers were ex-officio members of the itda which carried out the object of providing the compulsory education in tribal areas. .....
Tag this Judgment!Court : Mumbai Goa
..... the city industrial development corporation and another, [2009 (6) ..... the apex court held that the amendment inserting the relevant averment under section 16(c) of the specific relief act does not change the cause of action and would be a legally permissible exercise as laid down by the apex court in the case of ..... maneklal, [air 1946 bom 266], it was held that as easement by prescription under sections 12 and 15 of the act is in fact an assertion of a hostile claim of certain rights over another mans property and in order to acquire the easement the person who asserts the hostile claim must prove that he had the consciousness ..... in the appeal, the defendants contended that the suit was barred by section 16(c) of specific relief act as the plaintiff did not aver in the plaint that he was ready and willing to perform his ..... amendment inserting the relevant averments as required under section 15 of the easement act, does not change the cause of action and would be legally permissible exercise ..... question of finding out whether it is established by the said defendants that the ingredients required to establish the right of easement in terms of section 15 of the easement act have been established by them, as required by this court, would not arise. ..... damodarvalley corporation, (1966) 1 scr 796, this court dealing with the cause of action observed as follows: the expression cause of action in the present context does not mean every fact which it is material to be proved to entitle the plaintiff .....
Tag this Judgment!Court : Mumbai Goa
..... the learned counsel appearing for the petitioners that the private respondents were not permitted to put up any construction within 50 and 100 metres of the high tide line as it was in a no development zone cannot be accepted in the facts of the present case as the apex court has held that the judgment dated 18.04.1996 in indian council for enviro-legal action v/s union of ..... sections 47, 48, 50, 51, 52, 53, 54 and 55 of the tp act the court observed at page 198 of the judgment thus: it would be more reasonable to interpret section 43 of the act to mean that irrespective of the date of commencement all development and use of land on a development area would be subject to restrictions under said section ..... the judgment, it is abundantly clear that even under 1991 notification which is the main notification, it was stipulated that all development and activities within crz will be valid and will not violate the provisions of the 1991 notification till the ..... and licence of the chief town planner of the town and country planning department, respondent no.4, (tp) under section 44 of the town and country planning act, 1974 (tp act) and the village panchayat curea, bambolim and talaolim, tiswadi, goa, respondent no.2, (vp) under regulation 83 of the goa, daman and diu village panchayats ..... counsel on behalf of the petitioners has meticulously and with much industry shown the court the admitted circumstantial evidence contained in the admitted documents of the parties to demonstrate the .....
Tag this Judgment!Court : Mumbai Goa
..... from consideration of the aforesaid documents the following factual position emerges: a) for setting up of the new town of new bombay, in exercise of powers under sub-section 3(a) of section 113 of the said act of 1966 under notification dated 20 march 1971, the cidco was appointed as the new town development authority. ..... 569/2010, challenging the said acquisition and the award, wherein they had offered to hand over the said area to the petitioner so that it can be used as a land fill site for non-biodegradable waste and be developed into a playground/park and then returned to them. ..... 6, the city industrial development corporation of maharashtra limited ('cidco'), a local authority was directed to be added as opponent to the land acquisition reference under section 18 of the act, by the reference court. ..... 7 was accepted by the petitioner and consequently, possession of the said area was handed over to the petitioner by the said association, de hors the land acquisition process. ..... , to be served on the following persons, namely:- (a) the applicant; (b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and (c) if the objection is in regard to the area of the land or to the amount of the compensation, the collector.? ..... an area of 3000 square metres comprised in a quarry, falling in r-zone, at dona paula and located opposite the british cemetery, from chalta no. 1(p) of p.t. .....
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
..... a long strip of land measuring more than two-third of an acre lying alongside and adjoining the highway cannot be treated as a land without value or without any potential for development, merely on the ground that the law relating to highways prohibited construction on either side of the highway, upto a depth of 40 meters from the centre of the highway. ..... shri vahidulla, the learned government advocate has submitted that the reference court has rejected the claim for enhanced compensation as made by the appellant as at that time the land within the setback area was considered to be unfit for construction and as per the principles which were considered at the relevant time, the enhanced compensation was not being paid to the claimants on that ground. ..... it is contended that as the acquired land could not be used for construction, the land had to be considered as not having any development potential; and that therefore it could not be compared with the land (which was the subject matter of lac no. ..... the relevant facts are: the notification under section 4 of the land acquisition act, 1894 was published on 7/4/2003 for acquisition of various lands including the land which is the subject matter of the present appeal. ..... the appellant has produced the copy of the challan on record (exhibit 12), to show that portion of the property is converted for industrial purposes. .....
Tag this Judgment!Court : Mumbai Goa
..... the mamlatdar may accord sanction for transfer of agricultural land under section 18k in any of the following circumstances, namely:- (a) that the land is required for agricultural purpose by an industrial or a commercial undertaking in connection with any industrial or commercial operation carried on by such undertaking; or (b) that the transfer is for the benefit of any educational or charitable institution; or (c) that the land is required by a co-operative farming society; or (d) that the land is being ..... out in para 2 would indicate that if at all anybody had any right to challenge the order dated 30 november 1988 and other orders of the mamlatdar/joint mamlatdar under the tenancy act declaring respondent no.3 as a tenant, it was only the landlords (owners of the lands), who could have challenged the such orders being vicente-agostinho (through whose will the petitioner makes ..... created by order dated 21 december 1964 by government of india and the posts of mamlatdars in marmagoa and other areas were filled up with effect from 27 january 1965 as will be clear from the above order dated 25 january ..... have also referred to other contemporaneous legislations enacted by the same legislature- the goa, daman and diu mamlatdar's court act, 1966 and the protection of rights of tenants (cashewnut and arecanut gardens) order, 1965, which came to be substituted by the act of 1971. ..... development ..... no.3 to mortgage the lands for the purpose of raising loan of rs.10 lakhs for development of land. .....
Tag this Judgment!Court : Mumbai Goa
..... learned counsel for respondent no.4 has pointed out that the industrial development corporation has already taken a resolution not to acquire the ..... appeals is illustrative of the malady that has afflicted the state authorities who are keen to acquire private lands in the name of planned development of various urban areas, but do not bother to comply with the relevant statutory provisions and the rules of natural justice.? 10. ..... government advocate has pointed out that all the formalities under the provisions of the said act have been duly complied with and the lao has submitted his report under section 5a of the said act and consequently, the contention that the notification under section 6 stands vitiated is totally ..... the learned counsel has thereafter taken us through the report under section 5a of the said act and pointed out that all the objections raised by the petitioners have not been examined by the land acquisition officer whilst ..... on perusal of the objections raised by the petitioners to the notification under section 4 of the said act, we find that the petitioners have raised specific objections with regard to the acquisition, essentially on the ground that an application for putting up sez by the petitioners themselves in the properties was ..... contended that respondent no.1 issued a notification under section 4 of the land acquisition act, 1894 (hereinafter, referred to as "the said act") dated 5th february, 2007, inter alia, intending to acquire the land bearing .....
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