Court : Kolkata
Reported in : 1(2006)CLT313
..... no. 6472(w) of 2005.12. the order passed by the block development officer. chandipur which was impugned in w.p.no. 6473(w) of 2005 was set aside as the authority which passed the impugned order had no authority to pass such order under the west bengal panchayat act, 1973.13. the other writ petition being w.p.no. 6472(w) ..... moitra further pointed out that the change of the days for holding the hat by the petitioner was not recommended either by the police or by the block development officer. both the said authorities recommended for change of days of either of the said traders. as such, imposition of condition for grant of renewal in favour of the petitioner, cannot ..... take its own decision in accordance with law.60. since apprehension of breach of peace has been reported by the police and the block development officer, the concerned authority may direct the respondent no. 8 to alter and/or change the schedule of his business suitably by following the decision of the hon'ble supreme court in .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN241
..... metropolitan area defined in the west bengal town and country (planning and development) act, 1979 shall be subject to any provision or rule made or any order or direction of the competent authority issued under the 1979 act. under section 44 of the 1979 act, a land cannot be used for any purposes other than what is ..... case, and under no circumstances will any water area be allowed to be converted:(b) in each case relating to a development proposal, prior permission of the environment department or its designated delegated authority will be required.(c) the waste recycling practice may be allowed in areas other than substantially waterbody-oriented area, on case ..... tank fishery cannot be converted and such conversion would be punishable under section 20 thereof. under section 44 of the west bengal town and country (planning and development) act, 1979, use of land is restricted the approved land use map prepared thereunder. thus, a raiyat cannot claim any right for conversion of a land .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(3)CHN424
..... development) act, 1979 (hereinafter referred to act of 1979) provides for permission for development. section 46 of this act is set out hereunder:46. permission for development.-(1) any person or body (excluding a department of the central or the state government or any local authority) intending to carry out any development on any land shall make an application in writing to the planning authority or development authority ..... development authority being the respondent no. 1 (in short kmda) submits that it is the duty of the concerned municipal authority to examine as to whether clearance from the kmda in terms of the west bengal town and country (planning and development) act, 1979 has been obtained or not. by the act ..... from kmda under the west bengal town and country (planning and development) act, 1979 even after having obtained previous sanctioned plan front the municipal authority.(2) whether municipal authority has jurisdiction to withhold any sanction of the building plan on the .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(4)CHN171
..... by the state of west bengal. thereafter, the writ petitioner knocked at the doors of various departments of the state of west bengal including kolkata metropolitan development authority (kmda) and kolkata improvement trust (kit) and caused searches to be made in the records of these departments and was informed that there was no ..... nandi majumdar wherein he had challenged the land acquisition proceeding started under sections 4 and 6 of the west bengal land (development and planning) act, 1948 (hereinafter referred to as 1948 act) in particular he challenged the notification dated 24th february, 1982 and the notification under section 6 of the 1948 ..... filed an appeal against the judgment dated 19th december, 1975, wherein the division bench directed the drawing up the declaration under west bengal land (development and planning) act, 1948 and to send the draft declaration to the appropriate department. it is pointed out that during pendency of these proceedings the writ petitioner claims .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)CHN115
..... the rights over the land stood vested in the central government in view of the provisions of section 10 of the coal bearing areas (acquisition and development) act, 1957. certificate proceedings against the appellant central coal field ltd. for realization of surface rent for mining areas in possession of the company were initiated by ..... concession rules, 1960 prescribed a period of limitation for preferring revision before the central government against such rejection. proviso to the said rule empowered the revising authority to condone delay if it is satisfied that the revision could not be presented, for sufficient cause, within the time. the supreme court considering the ..... delay in filing the' appeal which had occasioned as the appellant/company had approached the high court. the appellant/company instead of approaching the appellate authority filed a letters patent appeal against the order passed by the learned single judge. it was mainly urged that the writ petition ought not to have .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(4)CHN598
..... or other transfers of land' made 'by the government or under its authority'. in the decision of sunil vasudeva and ors. v. delhi development authority reported in : air1988delhi184 , it has been held that the lease granted by the delhi development authority would be covered by the government grants act. the said government grants act has not made any distinction between either lease executed for valuable considerations or ..... other purposes. therefore, in my opinion, the lease executed by the concerned authority for land in salt lake would be covered under provisions of government .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)ARBLR508(Cal)
..... why this court, under section 11 has referred the parties to arbitration by appointing the learned arbitrator. in the case of j.k. jain and ors. v. delhi development authority and ors. (supra) the supreme court has made the above legal position clear. in paragraph 7 it is held as a proposition of law amongst others:.where there is ..... of section 7 of the said act and also relied on a decision on the question of existence of the arbitration agreement of the supreme court rendered in the case of union of india v. a.l. rallia ram reported in : [1964]3scr164 and in the case of j.k. jain and ors. v. delhi development authority and ors. reported in : ..... mixed question of fact and law. while answering this issue the learned arbitrator on fact concluded that by the letter dated 25th may, 1979 the state/respondent through their authorized officer, superintending engineer, has accepted the tender submitted by the claimant/appellant.14. he has found in his own way in the hearing with reasons that with the .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)CHN234
..... case of srikantha s.m. v. bharat earth movers limited reported in : (2005)8scc314 and also in the case of shambhu murari sinha v. project development india limited and anr. reported in : (2002)iillj430sc hon'ble supreme court specifically held that the concerned employee would be entitled to full back wages with ..... you,date : 13th june, 2002 yours faithfully,(aditya nath banerjee)messenger with combineddesignationstate bank of india, kulti branch receivedsubject to be approval to the appropriate authority. sd/-14.06.025. the branch manager of the said bank, however, by written communication dated 15th june, 2002 relieved the appellant from the bank ..... extraordinary writ jurisdiction cannot direct payment of back wages straightaway. mr. ghosh further submits that the appellant herein is a workman under the industrial disputes act and the said appellant has filed the writ petition straightaway before this court instead of availing the alternative remedy. referring to the decision of the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN838
..... aging process and therefore, one is required to fall back on savings. article 41 obligates the state within the limits of its economic capacity and development to make effective provisions amongst others for assistance in case of old age, sickness and disablement. pension provisions are to some extent the legislative response ..... was scheduled to be held on 22nd february, 1992 was adjourned. thereafter, the petitioner made enquiries on a number of occasions and requested the school authorities to take further steps in the matter. the petitioner wanted to refund the entire employers contribution with interest and/or additional interest. however, no action ..... as therein this court while considering the provisions of section 47 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 held that the language thereof is plain and certain statutory obligation on the employer was case to protect an employee acquiring disability during service .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN1096
..... , the learned single judge accepted the contentions of the learned counsel appearing for the petitioners (respondent nos. 1 to 4) to the effect that it transport authorities acted illegally or arbitrarily or in patent violation of the provisions of law, then the existing operators on a route, even in the face of the provisions of ..... other functions as may be prescribed.now under section 67, the state government, having regard to (a) the advantages offered to the public, trade and industry by the development of motor transport; (b) the desirability of co-ordinating road and rail transport; (c) the desirability of preventing the deterioration of the road system and (d) ..... of long distance goods traffic.19. neither section 67 nor section 68 confers a right upon the state government to intermeddle with the right of the transport authority to act in accordance with law under the provisions of section 80 in matters relating to grant of permits which, in terms of mithilesh garg's case (supra) .....
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