Judgment Search Results Home > Cases Phrase: the bombay town planning schemes bombay city nos ii iii and iv mahim area validation act 1956 Page 1 of about 1,118 results (0.494 seconds)

Yogendra Pal and Others Vs. Municipality, Bhatinda and Another

Court : Supreme Court of India

Reported in : AIR1994SC2550; JT1994(4)SC376; (1995)109PLR338; 1994(3)SCALE296; (1994)5SCC709; [1994]Supp1SCR693

..... the act in question was not bad for not extending to such acquisition the procedure of the land acquisition act, the court pointed out that there were two separate provisions, one for acquisition of land by the stale government under the land acquisition act and the other for acquisition for the purpose of town planning scheme by the local authorities under the bombay town planning act. ..... the municipal committee resisted the suit on the ground that the suit property being situated in the municipal area of the rohtak city, was not agricultural land and that town planning scheme no. ..... , whether the provisions of section 192(1)(c) of the punjab municipal act, 1911 and the corresponding provisions of section 203(1)(c) of the haryana municipal act, 1973 for compulsory transfer of the land to the municipal committees without payment of compensation, are valid.2. ..... after the pepsu merged with the state of punjab in 1956, the provisions of the act were applied to the whole of the area of the erstwhile pepsu by act no. ..... 2 part iii under section 192(1) of the punjab municipal act, 1911 and the government sanctioned the same on 1/2nd march, 1977. ..... nos. ..... nos. .....

Jai Ganesh SRA CHS (Prop.) and Another Vs. State of Maharashtra and Ot ...

Court : Mumbai

..... borough constituted under the bombay municipal boroughs act, 1925, (d) a municipal district constituted under the bombay district municipal act, 1901, (e) a cantonment, or (f) any area included in a town planning scheme under the bombay town planning act, 1954: provided that if any person has acquired any right as a tenant under this act on or after the 28th december, 1948, the said right shall not be deemed to have been affected by the bombay tenancy and agricultural lands (amendment) act, 1952, or by the amending act, 1955, notwithstanding the fact that either of the said act has been made applicable to the area in which such land ..... constitution of revenue areas (1) the state government may, by notification in the official gazette, specify - (i) the districts including the city of bombay which constitute a division; (ii) the sub-divisions which constitute a district; (iii) the talukas which constitute a sub-division; (iv) the village which constitutes a taluka; (v) the local area which constitutes a village; and (vi) alter the limits of any such revenue area so constituted by amalgamation, division or in any manner whatsoever, or abolish any such revenue area and may name and after the name of any such revenue area; and in any case where any area is renamed, then all .....

Jaswant Singh Mathurasingh and Another Vs. Ahmedabad Municipal Corpora ...

Court : Supreme Court of India

Reported in : AIR1991SC2130; (1992)1GLR253; JT1991(4)SC46; 1991(2)SCALE749; 1992Supp(1)SCC5; [1991]Supp1SCR226; 1992(1)LC14(SC)

..... the town planning scheme was formulated by the municipal corporation in exercise of its power under the bombay town planning act 1955 (act 27 of 1956) for short 'the act' and reconstituted the final plot nos. ..... procedure to be followed by town planning officer: -the town planning officer shall give notice to the date on which he will commence his duties and shall state therein the time, as provided in rule 30, within which the owner of any property or rights which is injuriously affected by the making of the town planning scheme shall be advertised in one or more newspapers published in the regional language and circulating within the jurisdiction of the local authority and shall be posted in prominent places at or near the area comprised in the scheme and at the office of the town planning officer. ..... accordingly we hold that issuance of special notice of at least three clear days duration and giving sufficient opportunity to the person effected to put forth his views of the scheme are mandatory and non-compliance thereof vitiates the validity of the final scheme.13. ..... chapter iii prescribes the making and the contents of the town planning scheme. ..... since it is a running business over the years, the respondent is directed to provide an alternative premises by allotting a suitable shop within the city to the appellant; to put it in possession thereof and until then allow its occupation of demised shop ..... 'c in front of town hall in sher kota outside saraspur gate in the city of ahmedabad. .....

The Goa Foundation and Another Vs. The North Goa Planning and Developm ...

Court : Mumbai Goa

..... and that sections 43 and 44 of the goa, daman and diu town and country planning act, 1974 makes it abundantly clear that in case of all constructions/developments carried out after the act becomes applicable to the area, permission under section 44 of the said act must be obtained ..... the learned senior counsel further pointed out that this court by judgment dated 15.07.1998 decided the said writ petition and the petitioners did not raise any contention with regard to the validity of the decision taken on 20.11.1991 and as such, it has to be assumed that the petitioners had given up their challenge to the decision of the government of goa in the meeting of 20.11.1991 to the project of the respondent ..... in the instant case, therefore, an imaginary line should be drawn from the point closest to the sea of the authorised structure on the adjacent plot belonging to the bombay municipal corporation and such a line should be drawn parallel to the high tide ..... it appears from the record that the union ministry of environment, state of maharashtra, national commission on urbanization and expert working group on cantonment areas took notice of this problem in the city of pune and suggested schemes which took the shape of orders issued by the g.o.c. ..... (iii) the respondent nos.7 and 9 shall not obstruct the access of the public to the subject beach through the said reserved path and the respondent no.2 shall take all measures to make such path accessible to the said beach in accordance with law .....

Sujala Yeshwant Nitsure and ors. Vs. the Municipal Corporation of City ...

Court : Mumbai

Reported in : 1996(2)BomCR503

..... it is contention of the plaintiffs that notwithstanding the specific reservation of the said plot for the purpose of residence in the development plan and town planning scheme, the 1st respondent - municipal corporation, pune allowed the plot holders to construct a mangal karyalaya on the said plot in total defiance and violation of the provisions as contained in the town planning act as also development plan and town planning scheme. ..... the act known as bombay town planning act of 1915 was in acted and as stated earlier, the scheme no. ..... the court has noted the said submission made but since the court has held that the permission granted by the 1st respondent for the construction of mangal karyalaya being legal and valid, there is no question of putting any fetters on the enjoyment and or user of the property by the plot holders as mangal karyalaya. ..... apart from the fact that the commissioner has perused the note submitted by the city engineer, it is noticed that the very proposal was also referred to the arbitrator working under the act and he also gave his consent on certain terms and cleared the proposal for mangal karyalaya. ..... (4) the area of final plot nos. ..... (iii) buildings of the nature of public buildings only shall be constructed on plots reserved, allotted or acquired for public purposes and no trade, manufacture or display of goods for sale shall be permitted.6. .....

Ratanlal Biharilal Atal and anr. Vs. Amravati Municipal Corporation an ...

Court : Mumbai

Reported in : 2002(3)ALLMR568; 2002(4)BomCR123

..... the learned counsel also took us to the various maps and alleged sanctioned plans and submitted that from the said plans it was clear that the entire area was the residential area and, therefore, such a rampant commercial user with impunity violates the provisions of the maharashtra regional town planning act and the development rules. ..... the apex court has observed as follows :'the high court was not correct in holding that though the impeached resolution sanctioning plan for conversion of building into a cinema was in violation of the town planning scheme yet it could not be disturbed because the third respondent is likely to have spent money. ..... in the said case, there was a gross violation of floor space index and the housing society had constructed six additional stories over and above sanctioned floor space index and unauthorized construction was made in a posh and important locality of the city of bombay. ..... an excess of statutory power cannot be validated by acquiescence in or by the operation of an estoppel. ..... , which is shown in the development plan at annexure-e as earmarked for residential purpose by letters a, b, c, d and a;iii) during the pendency of the instant writ petition, stay further construction which is being carried out by respondent no. ..... the prayers in the said suit are as under;'(i) declare that the building permit and commencement certificate issued by the defendants nos. .....

Lokhandwala Infrastructure Pvt. Ltd. (Previous Known as Lokhandwala Bu ...

Court : Mumbai

Reported in : 2008(5)ALLMR743

..... -- for reconstruction / redevelopment to be undertaken by co-operative housing societies of existing tenants or by co-operative housing societies of landlords and/or occupiers of a cessed buildings of 'a' category in island city, which attracts the provisions of mhada act, 1976 and for reconstruction / redevelopment of the buildings of corporation constructed prior to 1940, the fsi shall be 2.5 on the gross plot area or the fsi required for rehabilitation of existing tenants plus incentive fsi as specified in appendix iii whichever is more. ..... it also provides that the prescribed precentage of the surplus built up area as per the third schedule of the mhada act is to be made available to the bombay board for accommodating the other tenants in the transit camp of the cessed building which cannot be reconstructed. ..... by the said letter, the architect of the municipal tenants was further called upon to submit the scheme of redevelopment in the form of annexure i and iii along with plans, scrutiny fee of rs. ..... 8 & 9 society to the petitioners for redevelopment of the plot in question is still valid and subsisting, the petitioners would have locus standi to pursue the present writ petition.20. ..... according to the respondents, the petitioners do not have locus standi in pursuing the writ petition because the authority given to them have been withdrawn by the members of the respondent nos. .....

The Tata Hydro-electric Power Supply Company Limited and Others Vs. Pr ...

Court : Mumbai

Reported in : 1999(3)ALLMR504; 1999(4)BomCR566

..... has been prescribed in exercise of the powers of the government of maharashtra under section 31 (1) of the maharashtra regional and town planning act, 1966 and applies to all building activity and development work in areas falling in the entire jurisdiction of the municipal corporation of greater bombay. ..... a company incorporated under the provisions of the companies act, 1956 which carries on the business of storage and handling of various chemicals. ..... emphasised (a) that all safety systems should be tested and certified by tge, (b) that all pre-commissioning/ commissioning checks should be carried out in the presence of tge and certified by tge, (iii) that the surge vessel inventory would be restricted to 2.5 tonnes and (iv) that the approval would be valid as long as the drainage channel was not built upon. ..... the petitioners are companies registered under the companies act, 1956, belonging to the tata group of companies and doing the business of generation, transmission and bulk distribution of electricity in their area of supply in greater mumbai under licence granted by the state government under the provisions of the indian electricity act, ..... close proximity of the petitioners power station is an extreme hazard not only to the petitioners' power plant but also to several other facilities handling hazardous chemicals in the vicinity, resulting in compounded hazard to the public at large in the city of mumbai.the petitioners urge that the permission granted to respondent nos. .....

M/s. Ashwatha Developers and Others Vs. Shree Vardhaman Stanakvasi Jai ...

Court : Mumbai

..... , the bombay town planning scheme validation act, 1956 was ..... the submission of the learned counsel for the plaintiff that the municipal corporation cannot consider the fresh proposal submitted by the defendant nos.3 and 4 which proposal is alleged to be contrary to the proposal in the building sanctioned plan or that the municipal corporation has to consider the fact that in the draft development plan 2014-2034, final plot no.267, town planning scheme iv, mahim is now shown as reserved for school is concerned, in my view, this submission of the learned counsel for the plaintiff is also contrary to the order passed by the division bench in the writ petition and also contrary to the ..... the provisions of the maharashtra regional and town planning act, 1966 which are self-contained code by which buildings and works situated in the whole of the area under the scheme are liable to be removed or pulled down by the local authority if those buildings or works contravene the town planning scheme. ..... though the plaintiff was fully aware that the defendant no.3 society was in possession of the suit plot, the plaintiff deliberately did not join the society as a party defendant to the suit filed before the bombay city civil court and falsely claimed to be in possession of the suit ..... cast on every planning authority specifically under section 42 of the mrtp act to take steps as may be necessary to carry out the provisions of the plan referred in chapter iii of the act, namely the development plan. .....

Shri Shiv Kirpal Singh Vs. Shri V.V. Giri

Court : Supreme Court of India

Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197

..... the court held that, after the enactment of the amending act 27 of 1956, there was no ban in section 33 of an elector signing more than one nomination paper and, consequently, if an elector signed more than one nomination paper, all the nomination papers would be valid. ..... by the respondent and his supporters with his connivance;(7) that the result of the election had been materially affected by the commission of the offence of bribery by persons other than the respondent;(8) that part iii and section 21 of the act are ultra-vires the constitution as well as rules 4 and 6(3)(e) of the presidential and vice-presidential elections rules, 1952 (hereinafter referred to as 'the rules') promulgated under section 21 of the act are ultra vires the constitution and the act;(9) that the elected members of the legislative assemblies of the union territories were entitled to be included in the electoral college for the election of the president and ..... further, we have seen that the inducement was of a very powerful type, supported as it was by references to the demolition of the shahidganj mosque, and the deaths of muslims which resulted from the firing during the ensuing disturbances in regard to which the feeling among the rank and file of the muslim community is undoubtedly very deep.in amritsar city (mohammadan) constituency case no. .....