Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter iii acquisition Page 5 of about 3,065 results (1.306 seconds)

Krushna Kishore Bal Vs. Sankarsan Samal and ors.

Court : Orissa

Reported in : AIR1974Ori89; 40(1974)CLT1

..... . in the present case there was no obligation contractual or otherwise, on the part of the plaintiffs towards the defendant, which required that the defendant should construct on his own land in accordance with the municipal rules and regulations. the plaintiffs therefore have no right to pray either for a mandatory injunction or a ..... the jurisdiction of the civil court has been impliedly barred.'these decisions have no application to cases where the relief sought is by aggrieved individuals against unauthorised construction either sanctioned by the municipality contrary to rules or done by a person in contravention of the municipal plan. in the act there is no provision for ..... are given further opportunity to lead evidence injustice would occur as some of the material issues have not yet been framed and decided. our conclusion that defendants construction was in violation of the municipal plan and rules is final and would not be allowed to be further agitated.23 the only issues on which trial .....

Purusottam Lalji and ors. Vs. Ratan Lal Agarwalla and ors.

Court : Kolkata

Reported in : AIR1972Cal459,76CWN983

..... reasons in the order. we, therefore, hold that the commissioner has a discretion to order demolition or not to order demolition even in a case where the construction was unauthorised, but that discretion must be used bona fide and on proper materials and not on the extraneous ground, but upon the facts of each particular case ..... building) of the corporation of calcutta, it appears that prior to 13th august. 1961 it was brought to the notice of the corporation of calcutta that certain unauthorised constructions were being made on the fourth storey of the premises no. 20-a. mansou-kur first lane. on 13th august. 1961 district building surveyor i, inspected the ..... the commissioner an absolute discretion to make or not to make, an order of demolition ?2. can he refuse to make an order, where there is an unauthorized construction infringing rules which are either-- (a) not relaxable under the provisions of the said act or(b) are relaxable but have not been relaxed ?' accordingly their lordships .....

Greater Hyderabad Municipal Employees

Court : Andhra Pradesh

..... 'independent engineer', who is a third party, shall be the nodal person for supervision and monitoring of compliance by concessionaire with respect to the construction requirements and o&m requirements, more particularly to undertake, perform, carry out the duties, responsibilities, services and activities set forth in the bid ..... burden on the administration and lead to increased and unbudgeted expenditure. ( 23. ) the same view has been reiterated in asia foundation and construction ltd. v. trafalgar house construction (i) ltd., (1997) 1 scc 738, the court observing that judicial review of contractual transactions by government bodies is permissible to prevent ..... respondent invested crores of rupees to prepare infrastructure to remove and process garbage as per the statutory provisions. the basic infrastructure has to be constructed for disposal of garbage without spoiling the land and environment by investing huge amounts. considering various aspects of the project, its technical and .....

Ajit Kumar Routray Vs. State of Orissa and ors.

Court : Orissa

..... further provided that eac shall be assisted by the it support staff comprising of computer trained officers as may be provided by the government from time to time. true construction of para-(ii) of the order does no.show that the government has given power of sub-delegation to the commissioner. the commissioner as the head of 59 ..... persons are complying with such requirements through their staff engaged or their authorized agent. the process of e-auction is prevalent in the matters of coal allotment. even for construction works of the state government, in case of works exceeding rs.10 lakhs e-tendering has been made mandatory. therefore, it is too late in the day to ..... revenue, by general or special order, direct; and (b) by such authority and subject to such control as may be specified in such order. . (iv) a true construction of section 29(1) reveals that the state government may accept payment of a sum in consideration of the grant of any exclusive privilege under section 22 instead of or .....

V.k. Girija Vs. Reshma Parayil

Court : Supreme Court of India

..... earlier rule; when two provisions of law one being a general law and the other being a special law govern a matter, the court should endeavour to apply a harmonious construction to the said provisions. but where the intention of the rule-making authority is made clear either expressly or impliedly, as to which law should prevail, the same shall be .....

Joseph BaIn D'Souza and Ors. Vs. State of Maharashtra and Ors.

Court : Mumbai

Reported in : 2005(6)BomCR543; (2005)107BOMLR565

..... 'in all developed and developing countries there is emphasis on planned development of cities which is sought to be achieved by zoning, planning and regulating building construction activity. such planning, though highly complex, is a matter based on scientific research, study and experience leading to rationalisation of laws by way of legislative ..... the city of mumbai with its present population of over 12 million generates more than 120 million daily passenger trips which are catered by the suburban railways and the public transport bus services provided by best. the ever growing vehicular and passenger demands, coupled with constraints on capacity augmentation of the existing ..... of the island city is congested and the infrastructure overburdened. clause 11 prohibited the use of tdr in the three corridors adjoining the western and central railways. by a subsequent amendment clause 11 permitted the use of slum tdr in the three corridors. however, in view of the congested state of the .....

Sheela R. Vs. the Corporation of Thiruvananthapuram and ors.

Court : Kerala

Reported in : 2009(16)KLJ870

..... set aside. but the ist respondent is restrained from taking any further steps against the 3rd respondent based on the findings regarding the unauthorised construction made in deviation from the approved plan, provided the 3rd respondent submits proper application for regularisation accompanied with plan and drawings along with remittance of ..... to whether regularisation can be granted or refused. while considering a question as to whether a provisional order issued for demolition of the unauthorised construction need be confirmed or not, the secretary is not expected to arrive at any conclusion regarding regularisation, without there being any such request submitted ..... of the above quoted provisions it is evident that a comprehensive scheme is provided to deal with applications for regularizing an authorized or deviated constructions. therefore the question mooted for consideration is as to whether a decision permitting regularization can be taken by the secretary, without complying with the .....

Smst Transport, Represented by Its Proprietor Ameersab and Others Vs. ...

Court : Karnataka

..... , amount in form of fee for the service or benefit rendered by it to meet the expenditure involved in improvement of state highway / major district road constructed, developed and maintained under public private partnership on annuity basis." (emphasis supplied) 13. a public - private partnership (ppp) is a government service or ..... different rates may be notified for different highways over different period of time, having regard to the expenditure involved in cost of acquisition of land and construction, development and maintenance of highway developed under public private partnership on annuity basis or by raising any loan or otherwise. (4) a person referred to ..... him as the state government may by notification in the official gazette, specify having regard to the expenditure involved in cost of acquisition of land and construction, development and maintenance of highway. (3a) notwithstanding anything contained in section 48a, the government may levy and collect, such rate of fee from the .....

Ramkrishna Bus Transport and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1994)2GLR1371

..... ' as 'may', which is directory, permissive and enabling and not as 'shall' which is mandatory, obligatory and absolute. in my judgment, the reasons for such construction are not far to seek. as seen above, in certain circumstances, a police officer or authorised person can seize and detain a motor vehicle in case of contravention ..... not only from the phraseology used but also by considering the nature, design and consequences which would flow from construing it one way or the other. crawford on statutory construction: article 261.) it is also true that in certain circumstances, the expression 'may' can be construed as 'shall' or vice versa. at the same time, ..... separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey.(43) 'tourist vehicle' means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf.12. section 3 requires every person to have an .....

Chhattisgarh State Power Holding Co. Ltd, Chhattisgarh and Another Vs. ...

Court : Appellate Tribunal for Electricity APTEL

..... the inspection report dated 18.3.2009 conducted by the appellant also disclosed the correct position that two connections, one for start-up power and the other for construction power existed in the premise of the respondent-1 and were being used for respective purposes. d) at no point of time the appellant had taken any ..... the state commission. (ii) the factors considered by the state commission in deciding that there was no misuse of start-up power connection by respondent-1 for construction purposes are as under: a) the start-up power connection was given to the respondent-1 after following proper procedure. respondent-1 in para 5 of the ..... construction power hv-6 general purpose non-industrial tariff is applicable whereas for start-up power the applicable tariff is hv-8. the relevant extracts for hv-6 and hv-8 categories from the tariff order are as under: 6.3.6 hv-6: general purpose non- industrial 1. applicability this tariff is applicable for supply to establishment like railways .....