Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter iii acquisition Sorted by: old Court: kolkata Page 1 of about 55 results (0.065 seconds)

Mohesh Chandra Addy Vs. Panchu Mudali

Court : Kolkata

Reported in : 32Ind.Cas.395

..... made to be followed and is a salutary rule prescribed for safeguarding the interests of litigants and should certainly be followed in the moffusil in the manner indicated by the construction placed on the same in the answers to the several references. it must be fully complied with by the pleader who first accepts the vakalatnama and all subsequent acceptances must .....

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 .....

Acquet Trading Co. Pvt. Ltd. and anr. Vs. State of West Bengal and ors ...

Court : Kolkata

Reported in : 2006(3)CHN424

..... expressed inability to grant sanction of the said revised plan for three additional stories without having prior concurrence of the kolkata metropolitan development authority for construction of building located within 500 meters of the said areas. municipal authority, thus, is waiting for approval of the aforesaid body.5. learned counsel ..... learned counsel, contends that it is true that the petitioner made an application on 31st march, 2004 for sanctioning of a revised building plan for construction of three additional stories at the safe side. it is admitted position that the municipal authority has already sanctioned the building plan of the petitioner ..... for revision of the building plan already sanctioned by the south dumdum municipal authorities. in terms of the sanctioned plan already granted, both the petitioners constructed building floors at a certain level. before sanction of the building plans the south dumdum municipal authority duly realized a substantial amount on account of .....

Subhas Ranjan Ghosal Vs. the Howrah Municipal Corporation and ors.

Court : Kolkata

..... . mr chatterjee, counsel for the petitioner, assails the decision saying that the borough committee had no jurisdiction to give the decision; that the unauthorised constructions could not be legalized; and that the decision is unreasoned and vitiated by total non-application of mind and extraneous considerations. ms. mukherjee, counsel ..... , submits that materials forming part of the records supplied to her would show that the petitioner cannot be considered a person aggrieved by the unauthorised constructions; that the commissioner, competent to give decision in the proceedings initiated on the basis of the petitioner's complaint, delegated his statutory power to ..... the proceedings initiated on the basis of the petitioner's complaint that the private respondents are jointly and severally responsible for erection of the unauthorised constructions at the premises in question. the parties shall be given reasonable opportunity to adduce evidence in proof of their respective cases. after giving .....

Lipika Das Vs. Kolkata Municipal Corporation and Others

Court : Kolkata

..... firs.issue it is necessary to refer to the definition of building . in the act, which is as under:- 2. definitions.(5) building . means a structure constructed for whatsoever purpose and of whatsoever materials and includes the foundation, plinth, walls, floors.roofs, chimneys, fixed platforms.verandas, balcony, cornice or projection or part of ..... the petitioner to install a telecommunication tower ( tower . for short) on the roof of the premises. the petitioner was informed that for the purpose of construction of the tower, approximately 600 square feet of area on the roof would be required and the tower would be erected within ten days after obtaining requisite ..... 7th december, 2011 issued under section 401 of the kolkata municipal corporation act, 1980 (hereinafter referred to as the act .) directing her to stop further construction including addition and alteration of the premises as it was allegedly carried out in deviation of the sanctioned plan and was in breach of the provisions of .....

Ghanashyam Das Vs. the Kolkata Municipal Corporation and ors.

Court : Kolkata

..... .i do not find any cogent reason to disbelieve those two departmental documents and i hold that the p.r.is responsible for constructing the unauthorised construction as well as the unauthorised change of use. regarding the violation of building rules i find that building rule 55 was violated because ..... ( rules for short).section 2(5) is as follows:2. definitions. in this act, unless the context otherwise requires [(5) building means a structure constructed for whatsoever purpose and of whatsoever materials and includes the foundation, plinth, walls, floors.roofs, chimneys, fixed platforms.verandas, balcony, cornice or projection or ..... submitted, since despite written complaints order dated 6th january, 2014 was passed by the deputy chief engineer (building).south, kmc, directing regularisation of the unauthorized construction on payment of charges, it is perverse, arbitrary and illegal. mr.keshab bhattacharjee, learned advocate for the private respondent no.7, reiterating the statements in .....

Sm. Pramila Saharia Vs. Mahesh Kumar Saharia and anr.

Court : Kolkata

..... clear that any person claiming to be interested under a will, or other written instrument, may apply in chambers by originating summons, for the determination of any question of any construction arising under the instrument, and for a declaration of the rights of the person interested. accordingly, the petitioner as heir of the eldest son of one of the trustees is .....

Shaheen Begum Vs. The Kolkata Municipal Corporation and Ors.

Court : Kolkata

..... the kolkata municipal corporation and according to the petitioner, large amount has been received from various persons in respect of several portions of the newly constructed building. before proceeding to deal with the issues involved hereinabove, it would be profitable to recapitulate the relevant sections of the kolkata municipal corporation act ..... greater or lesser number of such stalls, shops, offices, warehouses or godowns, workshops, factories or garages; [i].to convert a building, which when originally constructed was legally exempt from the operation of any building regulations, contained in this act, or under any rules or regulations made under the act, or contained ..... sanctioned of and the act empowered plan or or rules the in and municipal commissioner to cause a notice to the persons responsible for such construction and after affording a reasonable opportunity of showing cause, may pass an order for demolition or otherwise. the aforesaid sanction is reproduced as under: .....

Paschim Banga Malbahi Cycle Mazdoor Union and ors. Vs. Commissioner of ...

Court : Kolkata

Reported in : AIR1961Cal125,65CWN213

..... and, necessarily, therefore, the impugned notifications too. as matters stand, however, the decision of the supreme court in the said bhikaji narain's case, : [1955]2scr589 , approving and adopting the construction of the word 'acquisition' in section 299(2) of the government of india act, 1935, as made by the federal court in kunwar lal singh's case -- which pre-constitution ..... of power and it is well settled too that when, of a statute, two views are possible, that view will be upheld as a matter of construction, which will prevent its unconstitutionality and, on such construction, unconstitutional use or exercise of power will, necessarily, be excluded from its sanction and will be tantamount to an abuse of the power. that, in my .....

Surajmull Nagarmull and ors. Vs. the Commissioner of Income Tax

Court : Kolkata

Reported in : AIR1961Cal578

..... . sanyal relied on the decision of the supreme court in the case of narendra kumar v. union of india, : [1960]2scr375 , in support of his suggested construction, but it is obvious that the said decision, far from supporting mr. sanyal, is really against his aforesaid contention. there the relevant words were 'except and in ..... of possession of his property for an indefinite period of time merely on the subjective determination of an executive officer, such a law can on no construction of the word 'reasonable' be described as coming within that expression because it completely negatives a fundamental right by making its enjoyment dependent on the mere ..... to privacy analogous to the american fourth amendment, we have mo justification to import it, into a totally different fundamental right by some process of strained construction.'53. the american fourth amendment in the american constitution expressly provides:--'the right of the people to be secure in their persons, houses, papers and effects .....