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Vidarbha Irrigation Development Corporation Vs. Additional Commissione ...

Court : Mumbai

Reported in : (2006)200CTR(Bom)555; [2005]278ITR521(Bom)

..... . the assessee had raised before the appellate tribunal various grounds on the basis of different provisions of the vidc act, the maharashtra irrigation act, 1976, and the bombay canal rules, 1934, in order to show that the assessee-corporation is established for the purpose of planning, development or improvement of cities, towns and villages ..... measures to prevent pollution of any water under its control and to take all measures deemed necessary to prevent discharges into such water of effluents, which are harmful to water supply, irrigation, public health or fish life ;(d) to stock its reservoirs or water courses with fish and to sell fish or fishing rights and prohibit taking out fish from ..... . in such cases, there is no question of following two different methods for valuing its stock-in-trade (investments) because the bank was required to prepare the balance-sheet in the prescribed form and it had no option to change it .....

Ajay Maken & Ors. Vs.union of India & Ors.

Court : Delhi

..... municipality was also statutorily obligated under the bombay municipal corporation act as: section 284 (1) of the act imposes a statutory duty on the corporation to make provision for accommodation enjoining upon the commissioner, if it is satisfied that within any area or any part of the city it is expedient to provide housing accommodation for the poor classes and that such accommodation can be conveniently provided without making an improvement scheme, it shall cause such areas to be defined on a plan under the urban ceiling act, the excess urban vacant land is earmarked ..... that it would not be just and equitable to order the eviction of the occupiers in view of the following factors: the lengthy period during which the occupiers have lived on the land in question, the fact that there is no evidence that either the municipality or the owners of the land need to evict the occupiers in order to put the land to some other productive use, the absence of any significant attempts by the municipality to listen to and consider the problems of this particular group of occupiers, and the fact that this is a relatively small group of people ..... a large population of construction labour helped to construct the stock of public housing, but the mpd did not earmark any space for their housing needs. .....

Vidarbha Irrigation Development Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)102ITD1(Mum.)

..... anything contained in the maharashtra irrigation act, 1976 and the bombay canal rules, 1934, (a) the corporation may carry out all or any of the functions and exercise all or any of the powers of the state government or the appropriate authority; and (b) any officer of the corporation authorize in this behalf by the corporation may carry out all or any of the functions and exercise all or any of the powers of the canal officer, under the provisions of the said act and rules, within the area of operation of the corporation.reading of the above section ..... the basis of the provisions of vidc act, learned counsel pointed out that the activities of the corporation are required to be understood on the backdrop of the provisions of the act, which clearly demonstrates that the functions and duties of the assessee-corporation are sovereign in nature, developmental in character, which undoubtedly improves the cities, towns and villages, attracting the provisions of section 10(20a) of the income-tax act ..... water supply, irrigation, public health or fish life; (d) to stock its reservoirs or water courses with fish and to sell fish or fishing rights and prohibit taking out fish from the water under its control; (e) to assist in the establishment of water users' association and other organizations formed under the maharashtra co-operative societies act, 1961 for the better use of facilities made available by the corporation; (f) to lease rights for water sports, other recreational activities .....

Yamunabai Govindrao Mahajan and anr. Vs. Nagpur Improvement Trust, Nag ...

Court : Mumbai

Reported in : AIR1977Bom405

..... now turning to the provisions of the bombay court-fees act, 1959 which seek to charge fee mainly in the matters of involving the dispensation of justice in courts, at the threshold it must be observed that for the purpose of reference, by article 15 of schedule i of the bombay court-fees act, 1959, the fee is charged upon the application by which adjudication in the civil court is sought. ..... deo stated that the petitioners do not press their prayers with regard to the validity of the industrial area street scheme, as to the other prayers regarding the compensation, the learned counsel states that the matter is being considered in the appropriate forum under the provisions of the nagpur improvement trust act 1936 read with provisions of land acquisition act and with liberty to question the eventual decision on the grounds raised in these petitions, he withdraws those prayers. ..... it may be mentioned that provisions of chapter vi of the nagpur improvement trust act which are relevant enable the trust to acquire the land under the provisions of the land acquisition act as are amended by the provisions of nagpur improvement trust act and for performing the functions of the court in reference to the acquisition of land for the trust a tribunal is required to be constituted in accordance with section 62 of the trust act. .....

Property Owners' Association and Ors. Vs. State of Maharashtra and Ors ...

Court : Mumbai

Reported in : 1992(1)BomCR152

..... the laws relating to housing, repairing and improvement work in relation to slum areas in different parts of the state were : (a) the bombay housing board act, 1948, (b) madhya pradesh housing board act, 1950, (c) the bombay building repairs and reconstruction board act, 1969, and (d) the maharashtra slum improvements act, 1973 and all these acts were repealed on enactment of the maharashtra housing and area development act, 1976. ..... the government thought that this step would bring about equitable distribution of ownership and control of tenements in such buildings to subserve the common goods.the preamble to the amending act sets out that in the urban areas and particularly in greater bombay area the old buildings which have outlived their lives and rendered themselves in a bad state of repairs present a dangerous possibility of collapse and, therefore, necessity was increasingly felt to take up the programme of repairs and reconstructions of such buildings. ..... a judicial notice can be taken that in congested areas of this city, the old buildings which were constructed prior to september 1, 1940 are in extremely dilapidated condition and still are occupied by scores of people at the risk of their lives only because of their inability to secure any alternate accommodation. ..... these buildings have outlived their lives and as a result of this, the number of the house collapses are on the increase rendering considerable number of families homeless. .....

Radeshyam Khare and anr. Vs. the State of Madhya Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR1959SC107; [1959]1SCR1440

..... it is necessary to quote them in full : section 53-a " (1) if a committee is not competent to perform the duties imposed on it or undertaken by it by or under this act or any other enactment for the time being in force and the state government considers that a general improvement in the administration of the municipality is likely to be secured by the appointment of a servant of the government as the executive officer of the committee, the state government may, by an order stating the reasons therefor published in the gazette, appoint such servant as the executive officer of the committee for such period not exceeding eighteen months as may ..... 3 of the ordinance, the decision of the bombay government that the property was required for a public purpose was not a judicial or a quasijudicial decision but an administrative act and the bombay high court had, therefore, no jurisdiction to issue a writ of certiorari in respect of the order of requisition. ..... that section of the bombay ordinance opened with the words: " if in the opinion of the provincial government which were taken as indicative of the legislature's intention to leave the determination of the existence of all the conditions precedent entirely to the subjective opinion of the provincial government so as to make the action a purely administrative one. ..... 3 of the bombay land requisition ordinance (bom. ..... 3 of the bombay land requisition ordinance (v of 1947) which was considered by this court in kusaldas advani's casc (1). .....

Bhatia Co-operative Housing Society Ltd. Vs. D.C. Patel

Court : Supreme Court of India

Reported in : AIR1953SC16; (1953)55BOMLR199; [1953]4SCR185

..... the contention of the appellant society is that the demised premises belonged to the trustees for the improvement of the city of bombay and now belong to the bombay municipality both of which bodies are local authorities and, therefore, the act does not apply to the demised premises. ..... in 1925 all the properties of the trustees for the improvement of the city of bombay vested in the bombay municipality under and by virtue of bombay act xvi of 1925. ..... learned counsel for the respondent took a preliminary objection, founded on the provisions of section 28 of the bombay act, that the city civil court had no jurisdiction to entertain the suit, for that section clearly states that in greater bombay the court of small causes alone shall have jurisdiction to entertain and try any suit between a landlord and a tenant relating to the recovery of rent or possession of any premises to which any of the provisions of that part of the act applied and to decide any application made under the act and to deal .....

Basantibai Fakirchand Khetan and ors. Vs. State of Maharashtra and anr ...

Court : Mumbai

Reported in : AIR1984Bom366; 1984MhLJ534

..... the supreme court in para 54 of the judgemet found that there is no option under the bombay town planning act , no acquire the land either under the land acquistion act or under the town planning act and as there is no option, the contention that the provisions for acquisition under the town planning for acquisition under the town planning act are invalid on the ground that tey deny equal protection under the laws, must stand ..... the tribunal , which hears the appeal is one constituted under cl (i) oif section 2 of the maharashtra slum areas (improvement, clearance and re-development) act, sub-section (7) of section 44 of the act gives finality to the order of the tribunal on appeal and prescribes that the decision of the tribunal is not open to question in any court ..... state of madras .the supreme court found that under the madras city improvement ?trust act (37 of 1950), which enables the state to acquire land for the right to the statutory solatium and that would result into a clear case of discrimination which infringes the guarantee of equal protection of the law and the provision which is more prejudicial to the owners of the land compulsorily acquired must be deemed invalid ..... justice krishna iyer, speaking for acquisition not discrimination compensation ; whether you take a's land for improvement scheme of irrigation scheme how can you pay more or les, guided by an relevance viz ..... 105 enables the authority to entrust the improvement work of such area to the municipal corporation. .....

Bangalore Medical Trust Vs. B.S. Muddappa and Others

Court : Supreme Court of India

Reported in : AIR1991SC1902; JT1991(3)SC172; 1991(2)SCALE131; (1991)4SCC54; [1991]3SCR102; 1991(2)LC415(SC)

..... see for e.g: karnataka town and country planning act, 1961; maharashtra regional and town planning act, 1966; bombay town planning act, 1954; the travancore town and country planning act, 1120; the madras town planning act, 1920; and the rules framed under these statutes; town & country planning act, 1971 (england & wales); encyclopaedia americana, volume 22, page 240; encyclopaedia of the social sciences, volume xii at page 161; town improvement trusts in india, 1945 by rai sahib om prakash aggarawala, p. 35; et. ..... to begin with the factual setting in which the controversy arose it is undisputed that the city improvement board constituted under city of bangalore improvement act; 1945, prepared the development scheme for bringing into existence an extension of the city of bangalore which came to be known as the palace upper orchards/sadashiv nagar, later came to be known as raj mahal vilas extension. ..... repeal and savings (1) on the issue of the notification under sub-section (1) of section 3 constituting the bangalore development authority, the city of bangalore improvement act, 1945 (mysore act 5 of 1945) shall stand repealed.(2) ... ..... they may also suffocate the spirit by reducing the people who live there to the status of cattle. ..... they may indeed make living an almost insufferable burden. .....

Nagpur Improvement Trust Vs. M/S. Bombaywala .

Court : Supreme Court of India

..... and dissatisfied with the impugned judgment and order dated 15.09.2016 passed by the division bench of the high court of judicature at bombay, nagpur 3 bench, nagpur passed in w.p.no.2695 of 2015 by which the division bench has allowed the said writ petition preferred by the respondents nos.1 to 18 herein original petitioners nos.1 to 18 some of the occupants/tenants of the building in question and by which the division bench has set aside the notice dated 24.04.2015 issued by the nagpur improvement trust, the original respondents nagpur improvement trust and others ..... have vehemently submitted that though in the original scheme framed under the provisions of the nit, 1936 there was a provision for 15 metres internal road, thereafter when the mrtp act came to be enacted and came into force and the development plan framed and sanctioned under the provisions of the mrtp act did not contain any internal road as was there in the scheme published under section 45 of the nit act, in view of the provisions of the mrtp act, the development plan overrides the dp scheme and, therefore, there .....