Court : Mumbai
Reported in : AIR1993Bom357
..... to undertake repairs. the government have no resources and the occupiers will be left in the lurch. to avoid and remedy such maladythat the act has been enacted. the structural repairs and better preservation of the building cannot be read and considered in isolation. sub-section (1) of section 103(b) postulates 'in the interest of ..... old buildings are allowed to form a co-operative housing society under the provisions of the maharashtra cooperative societies act, 1960, in the interest of its better preservation. various conditions precedents to the said advantage under the said act will be noticed later on. one of the requirements is the joining of not less than 70% of ..... its better preservation'. this shows that the act takes into account the future fate of the occupiers of the old building and this is amply manifested from the provisions of sub-section (2a) of section 103 of the act, which lays down that repairs carried out subsequent to the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom366; 1984MhLJ534
..... of respondent 2, submitted that capitalizing rent of number of years purchases is a recognised mode for determining compensation under the provisions of the land acquisition act. it was urged by the learned counsel that providing that basis for determination of the amount in respect of land situated within the municipal areas, the ..... reasons suggested by the learned counsel are devoid of anymerit. the first submission that the question of validity of section 4 of the constitution (42nd amendment) act did not arise for consideration, and therefore, the conclusion is obiter, is without any substance , because the said contention was urged before the supreme court ..... principle contained in article 39(b) while enacting the provision of acquisition under chap. v. in our judgment the true nature and character of the act is to create an authority or a board to deal with the problem of housing accommodation. repairing and reconstructing buildings presenting dangerous possibility of collapse. the .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR713; 1988MhLJ293
..... state will take necessary steps in this behalf.9. our attention was also drawn by the learned counsel appearing for the petitioners towards the provisions of the bombay animal preservation act, 1984 as amended by the state of gujarat and the decision of the supreme court in haji usmanbhai hasanbhai qureshi & others v. state of gujarat, : ..... which will be in tune with the object of the legislation. an order cannot be passed which will defeat the very object of the act. the order should be for preservation and protection of the cow or schedule animals and not for slaughter or destruction. it is by now well settled that what is directly ..... respondent no. 1 the state of maharasthra to frame a scheme for effective implementation of the provisions of the maharasthra animal preservation act, 1976. a further direction is also sought for making arrangement for preservation and maintenance of animals during the tendency of the trial through social organizations, like the petitioner no. 1 krushi go-seva .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR537
..... petitioner has set up the case that the development plan for pune city was published in the month of september, 1982 under the town planning act. that development plan provides for preservation, conservation and development of the areas of natural scenery and landscape amongst other provision; while doing so, it has made special provision in respect ..... forests and wildlife of the country. enjoyment of life and its attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. hygienic environment is an integral facet of right to ..... . it is also true that crowded urban areas tend to spread disease and insufferable burden who live there. the legislative intent by reserving/preserving the open places for public parks, gardens and play grounds have always been for the promotion and enhancement of the quality of life by .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)MhLj658
..... behind the maharashtra amendment to section 41 can be discerned from the statement of objects and reasons while introducing the amendment which culminated with the maharashtra amending act xix of 1976. the same reads thus:statement of objects and reasonsat present, in greater bombay, all suits and proceedings between a landlord and tenant ..... in the special court to entertain, try and decide specified disputes between licensors and licensees. such provision cannot be affected by the special provisions of arbitration act which is general in nature concerning resolution of disputes. it is submitted that the fact that the arbitration law is a general law, is evidenced ..... for adjudication of disputes between the licensors and licensees in relation to recovery of possession and licence fees. further, the amendment of section 41 of the act does not obliterate the exclusive jurisdiction of the small causes court. even in case of existence of arbitration agreement, the arbitration would be barred by .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... interest to be taken care of a development scheme. it is that public interest which is sought to be promoted by the act by establishing the bda. the public interest in the reservation and preservation of open spaces for parks and play grounds cannot be sacrificed by leasing or selling such sites to private persons for conversion to ..... now. that was before the invasion of concrete and steel, of soot and smoke, of high-rise and the fast buck. gone are the flowers, gone are the trees, gone are the avenues, gone are the spaces. we are now greeted with tall puffing chimneys and monstrous high rise buildings, both designed to hurt the eye, the ..... interests. these are quoted below:'we are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)MhLj881
..... under sub-section (3-a) of section 113, or(c) appoint the bombay metropolitan region development authority established under the bombay metropolitan region development authority act, 1974 (mah iv of 1975) to be the special planning authority for developing the notified area). (1-a) notwithstanding anything contained in sub-section ..... for developing certain (notified areas).--(1) the state government may by notification in the official gazette (for any undeveloped area specified in the notification in this act referred to as 'the notified area') either (a) constitute an authority consisting of a chairman, a vice chairman, a member of the maharashtra legislative ..... at the acquired land.11. pursuant to the issuance of section 6 notification, further proceedings were in progress under section 9 of the land acquisition act. at this stage, various landowners, developers and builders joined hands and have filed these various petitions before this court challenging the validity of acquisition .....
Tag this Judgment!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 : 1999(1)BomCR455
..... general has stated that the government is not going to permit any developer to violate the statutory provisions of the indian forests act, 1927, forest conservation act, 1980 and the maharashtra felling of trees act. it is stated that the state government is not going to permit any reduction of forest cover. however, the learned ..... legislation to prevent adverse impact on the environment, which is in the surrounding of the tourist spot.'the author has also suggested an integrated approach for preserving forest cover after taking into consideration the ecological and economic needs of the society. in the present case considering all this and provisions of art. ..... confining tourism activities around lakes to well defined areas and locations would ensure ease in the provision of organised facilities and would also help in the preservation of environment and prevention of pollution of the lakes. clause 6.5.2 refers to development control rules for tourism development. it mentions about permissible .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR366; 2009(1)BomCR179
..... their prior approval or work under their dictation. according to the petitioners, even the apex court while appointing the administrators has therefore, made cautious observation so as to preserve the independence and rights of the board of trustees. the apex court in its decision dated 26th march, 2007 in civil appeal no. 1575 of 2007 between ( ..... to the trust without prior approval of the administrators appointed by the apex court is completely opposed to the scheme of not only section 41-d of the act but to the cardinal principle of conducting the affairs of the trust which necessarily is the prerogative of the trustees themselves. it was argued that the court ..... no. 1, the entire grievance of the petitioners in the present petition is one of non compliance of principles of natural justice and that the authority has acted contrary to the legal requirement which grounds are ascribable to article 226 of the constitution of india. in such a situation, the petition would necessarily lie on the .....
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