Court : Allahabad
Reported in : [1986]17ITD536(NULL)
..... ; dated 18-1-1983 regarding the action taken in respect of taxing capital gains, the competent authority agreed with the report of the valuation cell and was of the view that looking to its geographical location in a developing town like allahabad, the property in question could be put to a very potential use in future ..... (sc) . he also arguaed that qua the defintion of transfer, the acquisition proceedings when though started well, could not be continued in view of the finance act, 1981. he also submitted that no opportunity was afforded to shri virendra saran regarding the acquisition proceedings against the soicety. next, he pointed out that there was ..... be that of an honest and reasonable person based upon reasonable grounds and that though the competent authority may act on direct or circumstantial material but not on mere gossip or rumour. the competent authority would be acting without jurisdiction if the reason for his belief that the conditions are satisfied does not exist or .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC3149; (2001)3UPLBEC2530
..... which includes settlement of fisheries of the ponds and tanks vested in gaon sabha with powers, authority and responsibility of panchayat, the preparation of plans for economic development and social justice and the implementation of scheme for economic development and social justice as entrusted to them under paragraph 60 (2) (kha) of gaon sabha ..... of fisheries and tanks of land management committee and section 126 of the said act, which postulates that ..... act no. 1 of 1951 and thereafter in gaon sabha subject to further declaration by state government in favour of other local authorities. the learned amicus curiae sri sankatha rai brought to my notice the mandatory provisions of clause (k) of sub-section (2) of section 122a, which provides the maintenance and development .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3372
..... is apparent from the record that no reply was submitted by the petitioners within the aforesaid period, and consequently, an order was passed under section 28 (1) of the act by the development authority on 10.7.2003, which is annex. 13. by the aforesaid order, the petitioners were restrained from further proceeding to make any alterations in the construction, particularly, the attempt ..... or the construction raised in contravention of the sanctioned plan deserve to be compounded.7. section 3 of the act provides for declaration of development areas for this purpose. section 4 provides for constitution of a development authority for any development area declared under section 3 of the act. the present authority is one such authority and the lands in question in the present case are within the .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)143CTR(All)428; [1997]226ITR411(All); [1997]92TAXMAN524(All)
..... landlord (lessee), respondent no. 3.3. smt. krishna kalra, respondent no. 3, acquired the aforesaid plot, measuring 406.25 sq. mtrs., from the new okhla industrial development authority (hereinafter referred to as 'noida') on a lease of 99 years for a premium of rs. 73,937.50, by lease deed dated october 29, 1981. she ..... article 226 of the constitution of india, the petitioner challenges an order dated august 30, 1994, passed by the appropriate authority, lucknow, under section 269ud of the income-tax act, 1961 (hereinafter referred to as 'the act'), ordering the purchase of plot no. b-70, sector 14, noida, for a consideration of rs. 14,57,149 ..... srivastava, learned standing counsel, contended that this aspect of the matter is not relevant to the issue because the term 'apparent consideration' has been defined in the act and such a liability cannot be included in the 'apparent consideration'. the contention is correct so far as the determination of 'apparent consideration' is concerned, but .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1761; (2000)2UPLBEC1270
..... force with effect from the date of their publication in the gazette. 2. in these rules, unless there is anything repugnant in the subject of context. (a) 'act' means the uttar pradesh special area development authorities act ; 1986. (b) 'mineral rights' means rights conferred on a lessee under a mining lease granted or renewed for mining operations in relation to minerals (providing operation for ..... have to be taken note of. the state of uttar pradesh (hereinafter referred to as the state) has passed the uttar pradesh special area development authorities act.1986 (u. p. act no. 9 of 1986), hereinafter referred to as the act, which received the assent of the president of india on march 19. 1986 and has been published in the u. p. gazette on that .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2644
..... recommendations of the technical committee but at the time of finalisation of the master plan, the lucknow development authority acted in arbitrary and mala fide manner and beyond the scope and power under section 11 of the act by affecting the changes in master plan, 2021 relating to the land in question as the ..... issued notification under sections 4 and 6 read with section 17 of the land acquisition act dispensing with the requirement of the objections under section 5a of the land acquisition act.4. the case of the lucknow development authority is that the writ petitions are not maintainable as the master plan, 2021 for the ..... to challenge the master plan, 2021 and the notification under land acquisition act in both the writ petitions and the defence taken by the state government and the lucknow development authority are near-about similar.3. the lucknow development authority (hereinafter referred to as 'authority') issued a public notice on 23.2.2005 inviting objections/suggestions to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1988All151
..... be treated to be beyond the time granted, viz. three years on 17-6-1987. and that being so, the development authority acted illegally in stopping the constructions and directing demolition thereof on the ground of the expiry of the period of approval and permission. 14. for the ..... -11-1983 stipulated by condition no. 6. 18. it would be highly unjust, totally unfair and most inequitable to permit the development authority to take advantage of its own wrongful act of rendering the order of approval and permission dt. 11-11-1983 nugatory, futile and ineffective by passing the conflicting order dt. ..... , are as follows : 2. on 14-3-1983, the petitioner submittedto the bareilly development authority,bareilly, hereinafter referred to as thedevelopment authority, a plan for approvaland permission under section 14of the u.p. urbanplanning and development act, 1973hereinafter called the act for raising certainconstructions at 95, civil lines, bareilly. theplan was approved and the requisitepermission .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)2UPLBEC1280
..... requires prospectively. section 4 requires the state government to entrust responsibility of ensuring compliance of the provisions of the act upon the appointing authority or any office or employee by a notified order. therefore, the implementation can be made by the appointing authority only when they are entrusted by notification. section 7 requires nomination of officers for giving representation to the scheduled caste ..... 30 of the constitution. the definition of public services and posts appears to be inclusive. it had included the posts in local authorities, co-operative societies, board or corporation or statutory bodies established by or under central or u.p. act and owned and controlled by the state government or govt. company, of which 51% paid up capital is held by the .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(1)AWC571
..... the joint secretary (legal) acquired knowledge of the dismissal of the first appeal in november, 2003 and even after this date the officers of the development authority acted in a lethargic manner in filing the second appeal after a delay of seven months. in support of his contention he has placed reliance upon state ..... to be insufficient for even seeking a clarification from the suit clerk.32. the inevitable conclusion that follows from the above discussion is that the development authority has not acted in a bona fide manner and in its endeavour to justify its gross negligence and inaction has deliberately withheld vital information from this court.33. ..... court.21. the aforesaid averments made in the affidavit of the joint secretary (legal) of the development authority to support the first gap are not only delightfully vague but also convey an impression that the development authority has not acted in a bona fide manner and in its attempt to justify its gross negligence and inaction has .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(1)AWC541
..... . as stated in paragraphs 13 and 16 of thepetition, some of the posts are single posts, e.g., general manager (project/finance), general manager (development), etc. the reservation policy under the 1994 act in applicable to the u. p. s.i.d.c. 21% reservation are for scheduled caste, 2% for scheduled tribes and 27% for other ..... filled up are in the reserved categories. 5. with regard to recruitment and appointment to the aforesaid posts, the corporation has framed the u. p. state industrial development corporation employees service rules. the relevant extract of chapter iii of the service rules has been annexed as annexure-1 to the writ petition. 6. in this writ ..... khare, learned counsel for the petitioner and dr. r.g. padia, learned counsel for the respondents. 3. the respondent no. 2 the u. p. state industrial development corporation ltd. is a government company and the petitioners are an association and a union of its employees. the petitioner no. 1 is an association of employees of the .....
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