Court : Mumbai Nagpur
..... seek a direction to the respondents to pay compensation to the petitioners in accordance with the provisions of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (hereinafter referred to as 'the act of 2013' for the sake of brevity). ..... object of the proviso is to provide to the beneficiaries, who have already received the compensation under the act of 1894, higher compensation under the act of 2013, if the compensation in respect of the majority of land holdings has not been deposited in ..... the provisions of sub-section 2 of section 24 carve out an exception to the provisions of section 24(1)(b) of the act of 2013 and create a class of acquisitions in respect of the awards, which have been made five years or more, prior to the commencement of the act of 2013 under the land acquisition act, 1894, but where the physical possession of the land is not taken or the compensation has not been paid, ..... to the respondents to ensure the rehabilitation and resettlement of the petitioners under the act of 2013. 2. ..... for example, if an award is made just a day before the commencement of the act of 2013 or a fortnight before its commencement, there is no occasion for the state government to deposit the amount of compensation in the accounts of the beneficiaries as certain procedure under the act of 1894 like issuance of notice to the claimants to receive the compensation and securing necessary documents in respect of their identification, .....
Tag this Judgment!Court : Mumbai Nagpur
..... nagpur rural, district nagpur has lapsed in view of provisions of section 24 (2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (the new act) (hereinafter referred to as the act of 2013 ?). 3. ..... compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act : provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under ..... it could thus be seen that the learned counsel for the petitioners is right in contending that, in view of provisions of sub-section 2 of section 24 of the act of 2013, where an award u/s.11 of the old act has been made five years or more prior to the commencement of the act but where the physical possession of the land has not been taken or where the compensation has not been paid, the said proceedings shall be deemed to have been lapsed. ..... hingna at the concessional rate and after having been successful in getting the lands at concessional rate in the year 2008, after 'the act of 2013' came into effect in the year 2014, they have turned back contending that possession of the land is not taken and sought a declaration that the reservation has lapsed .....
Tag this Judgment!Court : Mumbai Nagpur
..... state government, in exercise of their powers under the wild life (protection) act, 1972 (53 of 1972) that the activities or impact of the presence of holders of rights upon wild animals is sufficient to cause irreversible damage and threaten the existence of said species and their habitat; (c) the state government has concluded that other reasonable options, such as, co-existence are not available; (d) a resettlement or alternatives package has been prepared and communicated that provides a secure ..... (2) the forest rights recognised under this act in critical wildlife habitats of national parks and sanctuaries may subsequently be modified or resettled, provided that no forest right holders shall be resettled or have their rights in any manner affected for the purposes of creating inviolate areas for wildlife conservation except in case all the following conditions are satisfied, namely: (a) the process of recognition and vesting of rights as ..... however, at the same time, the act has also taken care to see to it that the rights of the forest dwellers in critical wild habitats can be modified or resettled subject to stringent conditions regarding rehabilitation of said dwellers. .....
Tag this Judgment!Court : Mumbai Nagpur
..... considering the admitted fact that the lands, belonging to the respondent, were acquired in the year 1980 and the fact that at that time the maharashtra resettlement of project displaced persons act, 1976, was operative or was in force, i may make reference to the ruling in the case of suresh s/o tikaram pustode ..vs.. ..... the substantial question of law must be answered in favour of the respondent as the respondents case is covered by the maharashtra resettlement of project displaced persons act, 1976 which was operative in the year 1980. ..... the substantial question of law which was framed by this court on 31.10.2007, thus: whether the respondent could have been granted the benefit of provisions of the maharashtra project affected persons rehabilitation act, 1986 when the lands were acquired in the year 1980 before the act came into force.?? ..... the declaration was granted in favour of the plaintiff because the plaintiff is a project affected person as defined in section 2(2)(c)(i) of the maharashtra project affected persons rehabilitation act, 1986. ..... the question arose in this appeal is, whether the lower courts were justified to consider the case of the plaintiff as the project affected person in view of the provisions of the maharashtra project affected persons rehabilitation act, 1986. 3. .....
Tag this Judgment!Court : Mumbai Nagpur
..... coming into force of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (hereinafter referred to as, the act of 2013 ), the petitioners have moved civil application no. ..... , as petitioners continue in possession and have not been paid compensation as also the award is dated 11/4/1996, section 24(2) of the act of 2013 must be given full effect and petition must be allowed by granting declaration that land acquisition proceedings of subject property have lapsed ..... the landowners (the petitioners) have not filed any proceedings under section 18 of the land acquisition act and, therefore, no proceedings for enhancement of compensation were pending with the reference court or before any ..... reveals that encumbrance created by owner after publication of notification under section 4(1) of the land acquisition act is not binding on the state government and subsequent purchaser have no right to challenge the legality ..... language implied there has been looked into and hon'ble apex court has found that legislature in its wisdom made the period of five years stipulated under section 24(2) of the act of 2013 absolute and unaffected by any delay in the proceedings on account of any order of stay by the court. ..... connected matters to submit that ordinance introduced on 31/12/2014 to further amend the provisions of section 24 of the act of 2013 is held to be prospective in nature and cannot unsettle the rights accrued in favour of the petitioners .....
Tag this Judgment!Court : Mumbai Nagpur
..... submitted that the finding recorded by the industrial court as regards the bar of section 59 of the act of 1971 being attracted with regard to the complaint filed by the union was legally correct. ..... sindhu resettlement corporation ltd ..... represented by firestone tyre employees union, reported in air 1981 sc 1626 and sindhu resettlement corporation ltd. vs. ..... as regards withdrawal of the complaint filed by the union under section 28 of the act of 1971 challenging the order of transfer, it was submitted that as no liberty was granted by the industrial court to file fresh proceedings though such liberty was sought, it was not permissible to raise said issue ..... the definition of the expression conciliation proceeding under section 2(e) of the act of 1947, the provisions of rule 11 of the rules, the notice dated 20-07-2011 issued by the conciliation officer and the failure report dated 29-01-2012 support aforesaid conclusion that the conciliation proceedings ..... what is the scope of a reference made under section 10 of the act of 1947 and the extent of powers of the industrial court while adjudicating ..... then submitted that under provisions of section 33 of the act of 1947 appropriate relief could be granted by the conciliation ..... insofar as the bar on account of provisions of section 59 of the act of 1971 is concerned, the learned member of the industrial court has rightly held that insofar as complaint (ulpa) no.245 of 2011 is concerned, the same was withdrawn on 23-08-2011 and hence in view of law .....
Tag this Judgment!Court : Mumbai Nagpur
..... since the acquisition of land results into displacement of land owners, as per the policy of resettlement and rehabilitation for land outstees, they are to be given employment in the assessee company and till such employment is given the assessee company is liable to pay subsistence allowance at the rate of rs.2,500/- per month per ..... shri dewani attempted to demonstrate the fact that as per the policy of resettlement and rehabilitation for land outstees, they are to be given employment in the assessee company and till such employment is given, the assessee company is liable to pay subsistence allowance at the rate of rs.2,500/-. 6. ..... in this situation, we do not find any substantial question of law arising as the itat has allowed payment of overloading charges as expenditure which can be deducted under section 37 of the income tax act, 1961. 5. .....
Tag this Judgment!Court : Mumbai Nagpur
..... ajit kumar barat, reported at (2000) 3 scc 93, the hon'ble apex court has in para 5 held that an order issued under order 10 of industrial disputes act, is an administrative order and the appropriate government is entitled to go into the question whether an industrial dispute exists or apprehended, after its subjective satisfaction in this respect on the material on record, the ..... their workmen, (supra) while considering the scope and ambit of dispute of a reference order under section 10(1)(d) of industrial disputes act, has found that the tribunal has to look to the pleadings of parties to find out exact nature of dispute because in most of the cases, the order of reference is so cryptic that it is impossible to cull ..... contention that clause 33 of settlement cannot operate as bar to demand for minimum wages, he points out that section 25 of the minimum wages act, prohibits contracting out and he also relies on the provisions of section 23 of the contract act to urge that such settlement will otherwise be opposed to law and public policy and, therefore, void. 13. ..... dispute or demand having financial implication, still the petitioner has paid bonus in accordance with the provisions of payment of bonus act,1965 and he, therefore, submits that when it is question of compliance with statutory provisions, clause 33 is not applicable ..... for the petitioner has relied upon the judgment in the case ofsindhu resettlement corporation vs. ..... apex court in the case ofsindhu resettlement corporation vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned additional government pleader took us through the various provisions of the bombay prohibition act, 1949 and specially the provisions of section 11, 49, 52, 53, 54, 55, 56, 58, 139 and 149 to canvas that the absolute regulatory power and control in regard to the business of intoxicants lies only with ..... the court observed that section 49 of the bombay prohibition act, 1949 did not empower the authorities to demand license fee for the period for which the petitioner had not ..... this being the nature of the privilege fees, in our view, the licensee would be liable to pay the fees, which under the act and the rules, are in the form of one time payment and shall not be entitled to a proportionate refund wp 3657/10 15 order only because the license was not operated ..... chapter iii of the act of 1949 contains the entire scheme of prohibition enumerating various prohibitions imposed in ..... the learned counsel for the petitioner also relied on the provisions of section 65 of the contract act, 1872 to submit that as the contract became void, the state, having received the advantage under the void contract or agreement, was bound to restore it to the petitioner, who did not carry on the ..... the learned counsel for the petitioner submitted by relying on the provisions of section 56 of the contract act, 1872 that the contract to deal with liquor became impossible in view of the prohibitory order of the high court and as the petitioner was prevented from carrying on the business in liquor, the .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is contended that reasons given in the impugned order are non-compliance of procedure as contained in that circular and there is no provision in 1949 act which permits the state government to issue such circular in the matter of nomination by corporation. ..... 1 - state government under section 451 of bombay provincial municipal corporation act, 1949 (hereinafter referred to as 1949 act). ..... the learned counsel states that the provisions of the act clearly show authorities entrusted with duties under 1949 act and those authorities show that general body of corporation i.e. ..... 4 knocked the doors of state government by invoking section 451 of 1949 act and government on 08.03.2011, for wrong reasons, suspended those proceedings. ..... it is also urged that in any case, as it is nomination to fill in 1/6th vacancies which occur due to rotation in standing committee, it is part of election process and power under section 451 of 1949 act cannot be used to interfere in said nomination process. 6. ..... thus, power thereunder is not restricted only to cases in which corporation or any authority has passed any resolution or order but then it also covers cases in which any act is being done and it is noticed that such act is in contravention of or in excess of powers conferred by or under 1949 act. ..... it is further contended that absence of any resolution on 28.02.2011 is a new defence and if there was no resolution, provisions of section 451 of 1949 act are not applicable or attracted. .....
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