Court : Mumbai
Reported in : 1995(2)BomCR452; (1995)124CTR(Bom)64; [1996]217ITR52(Bom); 1995(1)MhLj346
..... case : [1992]197itr609(bom) , it was held by the division bench that the provisions of chapter xx-c of the income-tax act confer powers upon the authority only to determine whether the property agreed to be transferred should be purchased by the central government or not. it is neither the function ..... order, then it was futile for the transferor to apply for transfer of development rights in favour of the transferee. in our judgment, it was wholly irrelevant for the appropriate authority to examine whether the transferor could have transferred the development rights without the prior permission of the collector. 8. in this connection ..... the act. the permission is granted by the government after the realisation of difference in the price. the appropriate authority felt that unless the state government grants permission to transfer, it is not open to the petitioners to transfer development rights. the assumption of the authority is entirely erroneous and unsustainable. the authority overlooked .....
Tag this Judgment!Court : Mumbai
Reported in : (2005)107BOMLR1230; (2006)200CTR(Bom)454; [2006]285ITR459(Bom); 2006(1)MhLj859
..... on the hilltop and the consideration shown in the said development agreement was rs. 80,00,000/-.3. the petitioners forwarded the said development agreement along with the requisite form no. 37-i to the competent authority seeking approval of the appropriate authority under chapter xx-c of the act. on february 9, 1995 a notice was issued under ..... properties.14. in view of our above finding, it is not necessary to go into the question as to whether the transfer of development rights is covered under chapter xx-c of the act or not.15. in the result, the petition succeeds. the impugned order dated february 23, 1995 is quashed and set aside. rule ..... petition is filed to challenge the order dated february 23, 1995, wherein, the appropriate authority has ordered pre-emptive purchase of the immovable property belonging to the petitioner nos. 1 to 3 under section 269ud(1) of the income tax act, 1961 ('act' for short). according to the petitioners the findings recorded in the impugned order that the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1957Bom252; (1957)59BOMLR616
..... schemes, tenants of lands belonging to government, tenants of lands notified by government as being reserved for non-agricultural or industrial development tenants of lands held or leased by local authorities or universities in the state or tenants of lands which are the properties of trusts for educational purposes, hospitals or institutions for ..... 18 in the ii list of theseventh schedule to the constitution. theirlordships held in that case that under entryno. 21 the punjab restitution of mortgagedlands act, 1938, which provided for the restitution of possession of lands mortgaged under theact to the mortgagors on less onerous terms andfor the extinguishment of the mortgages ..... in the existing law relating to land tenures in force in that area.19. before article 31 was amended, by the constitution (fourth amendment) act, 1955, there was conflict of authority on the question whether clause (1) and the original clause (2) dealt with the same subject-matter. in charanjit lal chowdhuri v. the .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(2)BomCR1; 1984MhLJ1031
..... sides. to that extent the petition succeeds. 36. rule made partly absolute. 37. the order of conviction under section 24(1)(iii) of the industries (development and regulation) act, 1951 read with clause 9 of scooters (distribution and sale) control order, 1960 recorded against both the petitioners accused is maintained. however, sentence imposed by ..... name of pravinchandra natoria have been filled in and signed by accused no. 2, which include the registration for booking of the vehicle, the letter of authority, application for registration and application for transfer. significantly when the complainant was asked to go to the director with an application for transfer of vehicle none ..... of possession of the scooter to any other person except and in accordance with the terms and conditions of the permit. in writing from the controlling authority or officer appointed by the state government. rest of the clauses are not quite material for this proceeding. the outcome of this analysis would show .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(3)BomCR134; 1986MhLJ207
..... from commissioner's orders under section 81-f of that act sections 65 and 66 of the maharashtra housing and area development act, 1976 provide for appointment of a competent authority, which is clothed with the power under section 66 to evict certain persons from authority-premises and under section (sic) that power is to ..... rent thereof to which the provisions of the bombay rents, hotel and lodging house rents control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporation act, 1949 or the maharashtra housing and area development act, 1976, apply'. evidently in order that 'any other law for the time being in force ..... recover rent, compensation amount, or damages as arrears of land revenue. provision is made by section 70 of that act .....
Tag this Judgment!Court : Mumbai
Reported in : (1987)89BOMLR277
..... 1 and 2 and an application should also be made for permission of the competent authority for development of the said plot under section 201 and/or 21 of the said act. on such permission for development being received plaintiffs nos. 1 to 8 would develop the said plot by constructing dwelling units for the weaker sections of the society in ..... modified in view of the provisions of the urban land ceiling act. the parties have agreed that defendants nos. 1 and 2 as the owners of the said land would apply to the competent authority under section 20 as well as section 21 of the said act for development of the said property by constructing dwelling units for the ..... accordance with the permission of the competent authority in that behalf. plaintiffs nos. 1 to 8 would be .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR469
..... for promotion'.12. mr. deshpande, the learned counsel for the respondent no. 1 strenuously urged before us that here is an employee in respect of whom the superior authority passed a remark that he was unsuitable for promotion. the confidential report for the year 1979-80 was produced for our perusal. in part ii he earns 'b ..... a 'state' within the meaning of 'article 12 of the constitution (applying the tests evolved by the supreme court in that behalf), it would also be an 'authority' within the meaning, and for the purpose, of article 226 of the constitution. in such a situation, an order passed by a society against its employee in violation ..... is a corporate sole and governed by the provisions of the co-operative societies act. this proposition does not appear to be correct, inasmuch as section 112 of the maharashtra co-operative societies act specifically states that there shall be a state agricultural and rural development bank for the state of maharashtra. thus, the respondent no. 1 is .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(2)BomCR250
..... of the constitution of india and is directed against an order dated 5-1-1989 passed by the appellate officer constituted under the maharashtra housing and area development act, bombay. the case presents a rather unusual set of facts and circumstances and also raises issues of both importance and interest, namely, that it calls ..... occupancy rights exclusively on the present petitioner, it would definitely constitute a case of sub-letting.15. mr. gursahani had vehemently contended that the appellate authority of the housing board has grossly erred in virtually sitting in judgment over the findings recorded by the high court. there is considerable justification in the ..... had not been staying in the premises and the same were in exclusive possession of the present petitioner. in this view of the matter, the competent authority was fully justified in having instituted the evicting proceedings against respondent no. 1 and the consequent order that followed was also wholly justified.14. mr. joshi .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(3)BomCR230
..... necessary at this juncture to refer to an important event which had occurred during pendency of the appeal before the division bench. on january 26, 1975 the bombay metropolitan region development authority act, 1974 came into force. the legislature passed the act for forming greater bombay and certain areas around about into bombay metropolitan region, to provide for establishment of an ..... the region and of executing plans, projects and schemes for such development. section 3 of the act requires the state government to establish authority to be called the bombay metropolitan region development authority or metropolitan authority. the composition of the metropolitan authority is set out in section 4 of the act and consists of the minister for urban development. minister for housing, mayor of bombay, the chairman of the .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(3)BomCR649
..... or town planning scheme, any land is required or reserved for any of the public purpose specified in any plan or scheme under this act at any time, the planning authority, development authority, or as the case may be, any appropriate authority may, except as otherwise provided in section 113-a, acquire the land either by agreement or make an application to the state government ..... into force or if proceedings for the acquisition of such land under this act or under the land acquisition act, 1894, are not commenced within such period, the owner or any person interested in the land may serve notice on the planning authority, development authority or as the case may be, appropriate authority to that effect; and if within six months from the date of the .....
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