Court : Madhya Pradesh
..... section 172 of the act is identical to that of section 170(b) of the delhi municipal corporation act which was dealt by the supreme court in shyam kishore (supra).therefore, for the bill dated 16.10.2012 also since the petitioner has a statutory remedy of filing an appeal which is a more satisfactory solution on terms of the statute itself and earlier it has resorted to such a remedy after depositing rupees ten crore as per direction of the supreme court, we are not inclined to admit the present writ petition. ..... vide order dated 29.7.2011 did not interfere with the finding of this high court and disposed of the special leave to appeal with the following direction: having heard learned counsel for the contesting parties at some length but without going into the merits of the issues raised in the present special leave petitions, we feel that, having regard to the peculiar facts of this case, the interests of justice would be sub-served if the petitioner is directed to deposit an additional amount of rs.10 crores (rupees ..... by the proposed amendment, the petitioner inter alia has mainly prayed that section 172(c) of the madhya pradesh municipalities act, 1961 (in short, the act ) be declared ultra vires the constitution of india ..... therefore, having regard to the decision of supreme court in shyam kishore (supra).the learned senior counsel for petitioner has fairly not pressed the application for amendment. ..... on i.a.no.12853/2013, which is an application for amendment of the petition. .....
Tag this Judgment!Court : Supreme Court of India
..... the skeletal provisions in the delhi municipal corporation act, 1957 and the punjab municipal act, 1911 can hardly provide any regulatory measures to the enormous and complicated problem of street trading in these areas.35. ..... however, before 30-6-2011, the appropriate government is to enact a law on the basis of the bill mentioned above or on the basis of any amendment thereof so that the hawkers may precisely knot the contours of their rights. ..... after taking cognizance of the fact that various committees were set up by the administration to solve the problem of street vendors / hawkers, the bench referred to the national policy on urban street vendors, 2009 (for short, the 2009 policy ), the master plan of delhi, 2012, the model street vendors (protection of livelihood and regulation of street vending) bill, 2009 prepared by the government of india, ministry of housing and urban poverty alleviation and observed: 67. ..... xii) the state governments, the administration of the union territories and municipal authorities shall be free to amend the legislative provisions and/or delegated legislation to bring them in tune with the 2009 policy. .....
Tag this Judgment!Court : Delhi
..... the defendant no.1 on the other hand has filed the copy of the perpetual lease deed dated 27th january 1971 executed by the municipal corporation of delhi (mcd) in favour of mr. ..... the court has for the purposes of the application under order vii rule 11 cpc, in light of the observations of the db in its order dated 2nd may 2012, perused not only the plaint as originally filed but even the plaint with the proposed amendments as prayed for by the plaintiff.19. ..... we make it clear that if the proposed amendment of plaint is at all allowed, and the learned single judge is still of the view that the determination of the issue of limitation would require evidence, it would still be open to the learned single judge to cast a preliminary issue on the question of limitation. ..... the three medical certificates dated 18th august 2000, 20th november 2001 and 17th november 2010 which purportedly speak of the mental unsoundness of plaintiff no.2 were filed for the first time only on 14th march 2011. ..... harminder singh in favour of defendant no.1 in respect of the ground floor of a-1 vishal enclave; mutation dated 21st july 2009 by the mcd in favour of defendant no.1; property tax receipts and electricity bills in favour of defendant no.1. ..... the originals of these documents were filed by defendant no.1 in april 2011.21. .....
Tag this Judgment!Court : Delhi
..... the cat noted that the erstwhile mcd had been trifurcated into the north dmc, the south dmc and the east dmc by virtue of the delhi municipal corporation (amendment act, 2011) and that those three dmcs were subject to the jurisdiction of the cat. ..... , filed as it was against the north delhi municipal corporation ( north dmc ), was at all maintainable.2. ..... (c) 8307/2017 north delhi municipal corporation & anr. ..... the court has been shown a copy of the notification dated 30th august, 2010 issued by the lieutenant governor of the nct of delhi under section 31 of the dusib act which, grants approval to take over all the assets and liabilities, both, movable and immovable in possession of slum and jj department of the municipal corporation of delhi on as is where is basis by the delhi urban shelter improvement board with immediate effect. ..... the respondent is the wife of a former employee of the north dmc, which was earlier known as the municipal corporation of delhi ( mcd ). ..... (c) 8307/2017 page 2 of 6 improvement board ( dusib ), which came into being as a result of the enactment of the delhi urban shelter improvement board act, 2010 (dusib act) and which became operational on 1st july, 2010.7. ..... (b) direct the respondent to pay the entire amount of medical bills which had been spent by the applicant to give the treatment to sh. .....
Tag this Judgment!Court : Kolkata
..... it is stated in the petition that pursuant to the delhi municipal corporation (amendment) act, 2011 vide notification no.f.14(12)/la-2011/lc law/200, dated december 29, 2011 published in the delhi gazette, extra. ..... delhi municipal corporation the names, areas and limits of the three corporations established in pursuance of the said delhi municipal corporation (amendment) act, 2011 was set out in the 14th schedule of the said act ..... section 203(3) of the said act which was inserted in pursuance of the amendment act of 2011 clarified that all contracts already made prior to the commencement of the amendment act of 2011 shall be deemed to have been executed corporations constituted under section 3(3).on behalf of the respective rohini zone falls within the north delhi municipal corporation and accordingly the contract forming the subject matter of the instant suit which is a works contract related to rohini zone is deemed to have been executed on behalf of the north delhi municipal corporation and enforceable by it ..... the north delhi municipal corporation which is a statutory body corporate constituted under the delhi municipal corporation act is accordingly a proper and necessary party in the instant ..... pursuant to such amendment, the north delhi municipal corporation was established as a body corporate with perpetual succession and common seal with powers subject to the provisions of the said act to acquire, hold and dispose of properties and to sue and be sued by its said name .....
Tag this Judgment!Court : Delhi
..... north delhi, south delhi and east delhi are vested in the state election commission of nct of delhi vide section 7 of the delhi municipal corporation act, 1957 as amended by the delhi municipal corporation (amendment) act, 2011; and whereas it is necessary to provide for the choice and allotment of symbols to the contesting candidates sponsored by political parties (national and state) and to the independent candidates for election to three municipal corporations in the national capital territory of delhi viz. ..... following is the relevant extract of the preamble and rule 15 of the dmc rules:-" notification no.f.13(76)/ud/mb/2011 - in exercise of the powers conferred by section 31 of the delhi municipal corporation act, 1957 (66 of 1957 read with ministry of home affairs notification no.s.o. ..... in the amended petition, prayer (1) was modified to assail para 4(d) of the municipal corporation of delhi election symbols (reservation and allotment) order 2017 (hereinafter referred to as delhi symbols order, 2017 ). .....
Tag this Judgment!Court : Delhi
..... going into this aspect, it is deemed appropriate to direct respondent to proceed further in pursuance to notice of 13th september, 2018 in the light of the delhi municipal corporation (amendment) act, 2011 and annexure-1 appended to the status report filed by respondent, which reveals that the function of special task force and other land w.p. ..... in light of the aforesaid, this petition is disposed of with permission to petitioners to give a short reply within a period of two weeks to the impugned notice of 13th september, 2018 to sdm, mehrauli, new delhi, who shall proceed further in light of the delhi municipal corporation (amendment) act, 2011 and national capital territory of delhi laws (special provisions) second (amendment) act, 2014 ..... although it is the case of respondent that the subject land has not been urbanized but the delhi municipal corporation (amendment) act, 2011, includes the village in question within its ambit ..... (c) 9952/2018 page 1 of 2 owning agencies is to protect and recover the encroached public land on priority while keeping in view the provisions of the national capital territory of delhi laws (special provisions) second (amendment) act, 2014, which inter alia provides for status quo in respect of certain unauthorized constructions with a cut off date of 1st june, 2014 ..... & 1390, situated in block-g, phase-vi, in the revenue estate of village aya nagar, new delhi is also sought.2. ..... * in the high court of delhi at new delhi date of order: october 10, 2018 + .....
Tag this Judgment!Court : Delhi
..... are as under:-"3.1 ndmc is a corporation established under the delhi municipal corporation act (amendment) act, 2011 and is engaged in providing civic amenities within the specified areas. ..... coram hon ble mr justice vibhu bakhru judgment vibhu bakhru, j north delhi municipal corporation (hereafter 'ndmc') has filed the 1. ..... (comm) 407/2016 and ia nos.11169/2016 & 11172/2016 north delhi municipal corporation ........ ..... similarly, the arbitrator found that a sum of `6,01,01,023/- had been certified by ndmc as payable against ra bill no.74 and a sum of `3,99,09,503/- was accepted as payable in respect of ra bill no.75; therefore, an aggregate sum of `10,00,10,526/- (`6,01,01,023/- plus `3,99,09,503/-) was admittedly payable by ndmc against ijmc s claim no.8. ..... 3.5 the claims filed by ijmc includes a claim of `83.29 crores on account of non-payment of price escalation up to july, 2012 (claim no.1); `32.19 crores towards payment of ra bill nos. ..... 74 & 75 for work done but not paid (claim no.8); and `42 lakhs on account of excess recovery of steel reinforcement from ra bill no.71 (claim no.19). .....
Tag this Judgment!Court : Delhi
..... the bill no.66 of 1993 introduced in the lok sabha, which eventually was passed and became the delhi municipal corporation (amendment) act, 1993, contained the statement of objects and reasons which, inter alia, read as follows: the need for reorganization of administrative and municipal set up in delhi was being felt and the matter has been under the consideration of the government for some time. ..... the amendment, particularly to sections 59 and 92 of the act by the delhi municipal corporation (amendment) act, 1993, has to be viewed in the context that it sought to remove several defects and deficiencies in the statutory scheme with regard to the hierarchical structure of the corporation, and the functioning of the corporation; the commissioner, and; its officers/ employees. ..... no.4466/2011 raises an important question of law as to who is the competent authority to take disciplinary action(s) and impose penalty(ies) on the municipal officers and other w.p.(c. ..... he averred that the competent authority to take disciplinary action against him was the corporation, and not the commissioner and, therefore, the dismissal order dated 15.11.2011 was not sustainable in law. ..... engineer, was convicted on 15.07.2011 for the commission of the offences under sec.13(1)(d) of prevention of corruption act, 1988 in short 'poc act', and, under secs. ..... matharoo (supra) and, therefore, quashed the dismissal order dated 15.11.2011. .....
Tag this Judgment!Court : Delhi
..... (c) 3946/2011 page 8 of 21 (c) in the case of any land or building which is not self- occupied and where the owner is constrained by any law, order of the government, or order of a court from recovering the tax due, such tax shall be recovered from the occupier or occupiers, as the case may be: provided that the owner shall continue to pay such amount of tax as he was liable to pay before the coming into force of the delhi municipal corporation (amendment) act, 2003 and only the balance amount, if any, shall be recovered from the occupier. ..... the diverse claims are mentioned in the writ petition, including the validity of amendments to the delhi municipal corporation act, 1957 and the levy of vacant land tax under the enactment. ..... the petitioner is aggrieved by an assessment order issued on 02.05.2011 by the joint assessor and collector of the north delhi municipal corporation (hereafter called the corporation ) dated 02.05.2011, levying vacant land tax with effect from 01.04.2005 for the use of its land as play field for its school, i.e. ..... rathee v municipal corporation of delhi air1995del 226 and savitri devi v mcd1994(55) dlt391 while considering the pre-amended proviso to section 126 which contained an obligation on the part of the commissioner to indicate reasons for proposing change in the rateable value, has held that the notice should be effective.16. ..... north delhi municipal corporation and anr. ..... v municipal corporation of delhi & anr disposed of on 30.09.1980. .....
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