Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... burning of lime or charcoal etc. when such regulation or prohibition appears necessary for any forest not belonging to government, for the purpose of conservation of trees and forests, preservation and improvement of soil, improvement of grazing, maintenance of a water supply in springs, rivers and tanks, maintenance, increase and distribution of the supply ..... the intent and object in enacting them. the reason for the state government not being able to pursue the measures for preserving and protecting the forest wealth is obvious.the 1927 act did not provide for any acquisition and vesting. the power in that behalf was lacking as is apparent from the reading ..... , cannot now treat these lands as private forest is the submission.147. we see no force in this submission either. the private forest (acquisition) act is an act specifically dealing with the private forest, their acquisition and vesting in the state government so also the consequences flowing therefrom. further, it covers this specific .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR660; 2002(5)BomCR653
..... or licensee together with the existing building thereon (hereinafter in this chapter referred to as 'the land'), in the interest of its better preservation or for reconstruction of a new building in lieu of the old one and intimate their willingness to pay the amount of such acquisition as ..... . addition of chapter viii-a providing acquisition in a third situation87. it is thereafter that chapter viii-a was added in the mhad act by maharashtra act no. 21 of 1986 to provide for acquisition of cessed property for co-operative societies of occupiers. it is in this chapter that ..... (10) rehabilitation of sham dwellers through owners/developers/co-operative housing societies- ............. (11) sites and services, small size tenement, under the urban land (ceiling and regulations) act, 1976- ............... (12) development by maharashtra housing and area development authority with world bank assistance- .......... (13) provisions relating to transmit camp tenements for slum rehabilitation scheme- .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ARBLR510(Bom); 2006(5)BomCR155
..... are the subject matter of the arbitration agreement; (b) securing the amount in dispute in the arbitration. (c) the detention, preservation or inspection the detention, preservation or inspection the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question ..... needs to be executed. in the absence of any specific limitation provided thereunder, necessary implication is that the general law of limitation provided in the limitation act (act 2 of 1963) stands excluded. the division bench, therefore, has rightly held that no limitation has been prescribed and it can be executed at any ..... the supreme court case 'uttam n. mahale' is concerned, it is submitted that that judgment deals with an application for execution under mamalatdars court act. that act does not contemplates any application being filed for execution and therefore, the observations of the supreme court in that case have to be read in the .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR152
..... sub-section (1) of section 103-b refers to the application to the board requesting the state government to acquire the land in the interest of better preservation, the expression 'better preservation' is not independent of the structural repairs and the submission is correct and deserves acceptance. the advantage of sub-section (1) of section 103-b is ..... to be decided not by metaphysical subtilty, nor as a matter of semantics, but by a broad and liberal approach and the wood should not be missed for the trees. a reference can be usefully made to the decision of the supreme court reported in a.i.r. 1990 sc 133, tinsukhia electric supply co. ltd. v. ..... it is not in dispute that the provisions of bombay building repairs and reconstruction board act, 1969 were applicable in respect of levy of cess to buildings in city of bombay. it was contended that in case the object of the legislation is to preserve the old buildings by undertaking work of structural repairs or by reconstruction, then the .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)
..... the importance of public projects for the betterment of the conditions of living of the people on the one hand and the necessity for preservation of social and ecological balances, avoidance of deforestation and maintenance of purity of the atmosphere and water free from pollution on the other in ..... to the sixth and the ninth respondents by the state pollution control board. (i) contravention of the provisions of the maharashtra regional and town planning act, 1966, and the development control regulations forgreater bombay, 1991 : ***** the bombay municipal corporation having followed consistently the practice of extending the development ..... sanctioned development plan. (h) challenge to permission granted by the state pollution control board. (i) contravention of the provisions of the maharashtra regional and town planning act, 1966, and the development control regulations for greater bombay, 1991. (j) contravention of the development control regulation no. 59. (k) amalgamation of sixth and .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(5)BomCR95
..... facilities centre of the fishery survey of india ('fsi'). the construction is sought to be impugned, inter alia, by two associations representing residents interested in preserving ecology and the environment. the contention of the petitioners before the court is that the construction is within the prohibition of the coastal regulation zone notification ..... that it is only in july/august, 2002 that the impugned construction which by then reached the level of the third floor became visible above the tree line. counsel appearing on behalf of the petitioners also submitted that the statement contained in paragraph 22 of the affidavit dated 23rd september, 2002 in ..... advert to the provisions of the crz notification dated 19th february, 1991 issued by moef in exercise of powers conferred upon it by the environment (protection) act, 1986 and the rules framed thereunder. the notification declares that the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2001Bom332; 2002(1)ALLMR151; 2002(4)BomCR751; 2002(148)ELT19(Bom); 2001(3)MhLj819
..... this convention with regard to : (i) the establishment and use of artificial islands, installations and structures; (ii) marine scientific research; (iii) the protection and preservation of the marine environment; (c) other rights and duties provided for in this convention,2. in exercising its rights and performing its duties under this convention in ..... subject to taxes or charges higher than those levied for the use of means of transport of the transit state. consideration/findings27. the customs act is an act to consolidate and amend the law relating to customs. chapter v thereof deals with levy of and exemption from customs duty. section 12 is the ..... time to time, by or under any law made by parliament, (x) the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 (maritime zones act, 1976) was enacted to provide for certain matters relating to the territorial waters, continental shelf, exclusive economic zone and other maritime zones of india. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... burning of lime or charcoal, etc., when such regulation or prohibition appears necessary for any forest not belonging to government, for the purpose of conservation of trees and forests, preservation and improvement of soil, improvement of grazing, maintenance of a water supply in springs, rivers and tanks, maintenance, increase and distribution of the supply of ..... is nothing but a part of the forest land itself......... it is, therefore, clear that the process of cutting, dismembering and converting trees ;into log was complete at a stage when act no. 29 of 1975 came into force.' belying upon this factual position which indisputably arises on record, mr, singhvi ior the petitioners ..... supreme court on 1-11-1976 and the case was remitted to the high court 'to hear the parties on maharashtra private forests (acquisition) (amendment) act, act 72/75, and after hearing the rival contentions of the parties the high court will pronounce its judgment'. when the matter came up for hearing before the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom42; 1978MhLJ300
..... must be held that the debt including the debt which is foundation of an insolvency proceeding, if it answers the description thereof under the provisions of the act must be held to be wholly discharged, the expression 'wholly discharged' must mean discharged for all intents and purposes including for the purposes of furnishing ..... his exclusive adjudication. 17. against the arguments of the learned counsel for the debtors, the contention raised on behalf of the creditors is that the act does not apply to insolvency proceedings because insolvency proceedings are not intended to enforce a debt. it is submitted that insolvency court has exclusive jurisdiction to ..... save and except that the said section 2 (o) deletes qualifications as to income mentioned in the corresponding provisions of the said ordinance. 14. the act omits section 2 (2) of the ordinance which provided for reference to the officer contemplated thereunder and thereby contemplated exclusion of the jurisdiction of the civil .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR41; 2009(1)BomCR275; (2008)110BOMLR2696
..... provided guidelines for smaller sizes tenements, core houses or single room tenements on the surplus land to be exempted under section 20 of the ulc act.27. the additional government pleader has further submitted that the housing and special assistance department vide government resolution dated 22 august, 1988, the government ..... the government resolution itself indicates that there were several irregularities committed in respect of implementation of the schemes sanctioned under section 20 of the ulc act and instead of canceling the entire scheme where third party interest was already created, several scheme holders had approached the government with a request that ..... the proposed construction to the planning authority and considering the exemption granted for amalgamation of plots under schemes by the competent authority under the principal act, the planning authority used to issue the building permits in view of the provision of the mrtp act. in case there is violation while undertaking .....
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