Court : Mumbai Nagpur
1. judgment dated 31/12/1999 delivered by joint civil judge, senior division, amravati in reference proceedings land acquisition case 13 of 1988 under section 18 of the land acquisition act,1894 (hereinafter referred to as "the 1894 act" for short), is assailed by both parties i.e., the landowners as also acquiring authority in these appeals under section 54 thereof. said reference arose out of award dated 16/7/1987 in l.a.c. 3/laq- 47/83/84 made by the land acquisition officer for and on behalf state of maharashtra. notification under section 4 of the 1894 act was published on 19/2/1984. while admitting first appeal no. 53/2001 filed by state, this court on 12/2/2001 granted stay in terms of prayer clause (i) of civil application no.656/2001 on appellant- state depositing decreed amount with trial court within period of 8 weeks. that order continues to operate even today. 2. civil application (f) no. 2282/2011 is taken out by landowners pointing out death of appellant no.4 on 4th august 2011 and seeking leave to amend as per its schedule to bring his legal heir on record. state government is also asked to effect similar amendment in its first appeal no. 53/2001, though no formal application is as yet moved by it. shri j.j. chandurkar, learned counsel for said legal heir viz. smt. damyanti states that he is appearing for her in both the matters. state government has without prejudice to its rights to verify the position, sought oral leave to substitute similarly. accordingly, .....
Tag this Judgment!Court : Mumbai Nagpur
b.p. dharmadhikari, j. three different industries i.e. small scale units (ssi) have filed these writ petitions for quashing and setting aside the amendment made to section 41c of the bombay sales tax act, 1959 (hereinafter referred to as the act), on the ground that it is ultra-vires the articles 14 and 19(1)(g) of the constitution of india. there was also a challenge to section 41d of the said act but during the course of hearing, it has been given up. 2. to state the challenge very briefly, the petitioners urge that eligibility certificates given to them under the package incentive scheme of 1979 do not contain any ceiling on the quantum of benefits / incentives envisaged thereunder. by the impugned amendment effected in the year 1995, that ceiling on quantum has been added retrospectively and taxes otherwise exempt with penalty are being claimed. 3. we have heard shri m.g. bhangde, learned senior advocate with shri v.v. bhangde, learned counsel for the petitioners and mrs. dangre, learned additional government pleader for the respondents, on various dates. 4. during hearing, on 26.07.2013, affidavit has been filed on record by the petitioners to demonstrate that the eligibility certificates issued to them in terms of 1979 scheme have not been affected, by the alleged modification or amendment made to it vide government resolution dated 05.07.1982. the facts stated in this additional affidavit have not been denied by the respondents during later hearings and till date. 5. .....
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oral judgment: (p.r. bora, j.) 1. heard finally with the consent of shri naik, learned counsel for the petitioners and mrs. maldhure, learned assistant government pleader for the respondents, by issuing rule and making it returnable forthwith. 2. refusal by the respondents to the proposal submitted by the petitioners in regard to re-employment of petitioner no. 1 beyond the age of superannuation on the post of head master of shah babu high school and junior college, patur, a school run by petitioner no. 2, is under challenge in the present petition. 3. petitioner no. 2 is a minority education institute registered under the provisions of the societies registration act, 1860, as well as bombay public trust act, 1950. petitioner no. 1 is a head master of shah babu high school and junior college, patur. petitioner no. 1 was appointed as head master of the said school on 01.07.1992 and since then he continuously worked on the said post. petitioner no. 1 was to retire on 30.06.2007 on attaining his age of superannuation. however, since the retirement date was coming in the middle of academic session and also considering the excellent service and outstanding record of petitioner no. 1, petitioner no. 2 society passed a resolution on 03.03.2007, resolving to reappoint petitioner no. 1 for two years with effect from 01.07.2007. accordingly, petitioner no. 1 was reappointed and a proposal was forwarded to the government seeking approval. respondent no. 4 granted such approval for the .....
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oral judgment: 1. this appeal filed under section 54 of the land acquisition act, 1894 (for short, the said act) challenges the judgment dated 30.09.1999 in land acquisition case no. 3 of 1993 whereby the reference proceedings filed by the respondent came to be allowed by enhancing the compensation towards acquisition of this court. 2. land admeasuring 0.09 r. from survey no. 651 was the subject matter of acquisition under proceedings of the said act. though survey no. 651 that was jointly owned by the respondent with one anjana dange admeasuring 0.51 r, only portion thereof was acquired. notification under section 4 of the said act was published on 17.09.1987 after which award came to be passed on 30.03.1989. the land acquisition officer granted compensation of rs. 4,108.00 to the respondent for aforesaid land. the land acquisition officer thereafter issued notices to the present respondent to receive the amount of compensation. the respondent made an application for certified copy of the award on 10.11.1989 and after receiving the same on 26.06.1992, proceedings for reference came to be filed on 29.06.1992. 3. the reference court after considering the evidence on record was pleased to enhance the compensation and granted the same at the rate of rs. 10/- per sq. ft. this order enhancing the compensation is under challenge in the present appeal. 4. shri h. d. dubey, learned assistant government pleader appearing for the appellant raised twofold contentions. according to him .....
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p.r. bora, j. 1. in the instant petition, the petitioner has challenged the constitutionality of rule 16 (3a) of the maharashtra district planning committee (election) rules, 1999 (for short, the rules of 1999 ). consequently, he has also prayed for setting aside the order passed by the returning officer (respondent no. 3 herein) on 7th february 2013 whereby he has rejected the nomination of the petitioner for the post of member in the district planning committee of yavatmal district. petitioner has also prayed for setting aside order dated 13th february 2013 passed by the collector, yavatmal i.e. respondent no. 2 herein whereby he has confirmed the order dated 7th february 2013 passed by respondent no. 3. respondents no. 4 to 11 are the persons who have been declared elected unopposed on district planning committee, yavatmal. 2. the facts relevant for the purpose of deciding present petition are thus vide notification dated 28th january 2013, respondent no. 3 had declared the election to 32 constituencies of the district planning committee, yavatmal district for electing members from rural areas and smaller urban areas of yavatmal district. on 31st january 2013, respondent no. 3 declared a detailed programme of election. as provided in rule 3 of the rules of 1999, the area of the district is to be divided into the following four constituencies : (a) rural area constituency, (b) transitional area constituency, (c) smaller urban area constituency, and (d) larger urban area .....
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oral judgment: 1. rule returnable forthwith. heard finally with the consent of learned counsel for the respective parties. 2. pursuant to order dt.15.7.2014 passed by this court, this petition is heard finally in view of urgency pleaded. the petitioner is aggrieved by the order issued by the collector, yavatmal dt.31.12.2013 deleting the name of the petitioner from the post of 'gat neta' i.e. group leader and substituting the name of respondent no.4 jafar sadik gilani, the co-opted councilor of municipal council, yavatmal instead of shrikant @ balasaheb m. chaudhari. hence, the petitioner has prayed for quashing the said order dt.31.12.2013 issued by the collector, yavatmal communicating the chief officer, municipal council, yavatmal referring to the letter dated 31st december, 2013 from wamanrao kasawar, president, indian national congress party, yavatmal district. thus, office of the collector, yavatmal informed the chief officer of the municipal council, yavatmal about the communication received from wamanrao kasawar; that the petitioner was suspended on account of anti party activities and therefore, in view of the maharashtra local authority members' disqualification act, 1986 and the maharashtra local authority members' disqualification rules, 1987 (hereinafter referred to as the act and the rules ), the party decided unanimously to appoint jafar sadik gilani/respondent no.4 as a group leader in municipal council, yavatmal on behalf of the indian national congress party .....
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oral judgment : 1. this petition takes exception to the judgment and order dated 27-6-2008 passed by the school tribunal, amravati, dismissing appeal no.21 of 2006 challenging the termination of the services of the petitioner as a junior college teacher by an order dated 18-7-2006, making the termination effective from 19-7-2006, on the basis of the findings recorded by the enquiry committee for the alleged acts of misconduct. 2. undisputedly, the petitioner was a permanent employee and was working as a junior college teacher. on 27-2-2006, the chargesheet along with the statement of allegations was issued to the petitioner, containing the charges (i) that he utilized the letter pad of the school and prepared the false salary certificate under the forged signature of the principal, (ii) that he misbehaved with the superiors, (iii) that he tampered with the attendance register of the nonteaching employees, (iv) willful negligence in performing duties, (v) remaining absent without obtaining prior permission, (vi) delayed checking and submission of the answer-sheets, (vii) dereliction of duty and misleading the management, thereby brining it to disrepute, and (viii) delayed reporting on duty and leaving early without obtaining prior permission. the enquiry committee was constituted consisting of three persons, which included one representative of the petitioner-employee. the summary of the proceedings were forwarded to the petitioner on 10-7-2006 and the ultimate order of .....
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oral judgment: (b.r. gavai, j.) 1. rule. rule is made returnable forthwith. heard by consent. 2. the petitioners have approached this court being aggrieved by communication dt.31.3.2015 issued by respondent no.4 directing the petitioners to furnish the resolution of gram sabha thereby resolving to grant no objection for renewal of petitioners' licences. the petitioners have prayed for a declaration that the provisions under rule 4 of the maharashtra panchayat extension to scheduled area (prohibition and regulation of licensing) rules, 2015 (hereinafter referred to as "the rules of 2015") are not applicable for renewal of the licenses which are in existence prior to the coming into force of the said rules. 3. all the petitioners are holding country liquor cl-iii/fl-ii licenses in ghatanji taluka, district yavatmal. undisputedly, the petitioners are running their business in the areas which fall under the scheduled areas declared for the state of maharashtra by the president under article 244 of the constitution of india and are, therefore, administered and controlled as per schedule v appended to the constitution. 4. on 24.12.1996, the parliament has enacted the panchayats (extension of the scheduled areas) act, 1996 (hereinafter referred to as "the pesa act") extending application of the provisions of part ix of the constitution of india to the scheduled areas. the state legislature has also made certain provisions in the maharashtra village panchayats act, 1958 for gram .....
Tag this Judgment!Court : Mumbai Nagpur
b.p. dharmadhikari, j. 1. the hon'ble the chief justice has in view of the following orders dated 22.01.2015 passed by the learned single judge in writ petition nos. 5191/2004, 5199 to 5205/2004, 5207 and 5520 of 2004, referred to this division bench the following question: 1. an unfortunate situation has arisen in the present matters. writ petition no.1209 of 2002 along with connected matters in respect of class-iv employees of municipal council, tumsar, were allowed by a common judgment and order delivered by the learned single judge of this court (smt. vasanti a. naik, j.) on 20-8-2011, and the common order passed by the industrial court directing regularization on the basis of clause 4c of the model standing orders under the industrial employment (standing orders) act read with item 6 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, has been quashed and set aside and the complaints have been dismissed. same is the view taken by me in respect of class-iv employees of the same municipal council in writ petition no.1207 of 2002 along with connected matters decided by common judgment and order dated 23-12-2013. in another set of writ petition no.3087 of 2001 along with connected matters decided by me by common judgment and order dated 17-6-2013, same view is followed. in writ petition no.3436 of 2001 in respect of the employees from the same municipal council, a different view is taken by the learned single judge of .....
Tag this Judgment!Court : Mumbai Nagpur
oral judgment: (b.r. gavai, j.) 1. rule. rule made returnable forthwith. heard by consent of the parties. 2. the petitioner has approached this court being aggrieved by the notification dated 12.2.2015 issued by the respondent no.1 thereby constituting an area within the amgaon gram panchayat area to be a nagar panchayat as provided under section 341(a) of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (for short the said act). the petitioner has also sought for direction to the respondent no.1 to declare 'amgaon' constituted urban area, by amalgamating areas of gram panchayats amgaon, bangaon, risama, kumbhartoli, padampur, malhi and kidangipar as amgaon nagar parishad as provided under subsection 2 of section 3 of the act. 3. the facts in brief giving rise to the present petition are as under: the village amgaon was a gram panchayat and has been declared as tahsil headquarter. the area of gram panchayat is surrounded by the seven other gram panchayats namely bangaon, risama, kumkbhartoli, padampur, malhi, kidangipar and birsi. not only that, out of these seven gram panchayats, four gram panchayats are group gram panchayats, which are having various other villages in the concerned gram panchayat area. 4. since the said amgaon is tahsil headquarter, it is having tahsil office, court of civil judge, junior division and judicial magistrate, first class, office of panchayat samiti, agriculture produce market committee and various other .....
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