Court : Mumbai Nagpur
..... relevant part of section 73 (1) of the said act shows that there the municipality was authorised to impose "a rate on buildings or lands or both situate within the municipal borough". ..... section 75 of the said act provided for procedure and its clause (iii) contemplated resolution by municipality about the basis for each class of the valuation on which such "rate" was to be imposed. ..... the perusal of judgment of honourable apex court in gordhandas hargovinddas's case (supra) reveals that there honourable apex court has considered the provisions of section 73 (1) (b) and section 75 of the bombay municipal boroughs act, 1925 and rules 350-a and 243 framed thereunder for open land. ..... honourable apex court has observed that the matter might have been different if the words in clause (i) of that section were "a tax on buildings or lands or both situate within the municipal borough". ..... without prejudice to all these contentions or in the alternative, learned counsel for the petitioner has invited attention to opening part of section 124 (1) of the 1958 act to contend that it uses the word "rate" when it employs phrases "maximum rate and minimum rate". ..... according to him, this resolution or then the procedure contemplated by it, is not only ultra vires the provisions contained in the bombay village panchayat act, 1958 (for short, the 1958 act") but also unconstitutional. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in housing board, haryana (supra) relied upon by the learned counsel for the petitioner, similar view has been taken while considering provisions of section 15 of the consumer protection act, 1986 and the haryana consumer protection rules, 1988. ..... the short issue that arises for consideration in this writ petition is whether the period of sixty days for preferring an appeal under the provisions of section 45aa of the employees' state insurance act, 1948 (for short 'the said act') should be reckoned from the date of such order or whether such period should be counted from the date of its actual communication. 2. ..... while it is the contention of the learned counsel for the petitioner that unless there is actual knowledge of the contents of the order passed under section 45a of the said act, the period of limitation for preferring appeal would not commence. ..... in proceedings under section 45a of the said act, the deputy director, employees state insurance corporation directed the petitioner to pay contribution towards the employees state insurance for the period from 1-9-2009 to 30-9-2010. ..... it is further urged that the expression the date of such order in section 45aa of the said act has to be strictly construed and the period of limitation should be calculated from the date of the order. ..... in support of aforesaid submission, the learned counsel relied upon the decisions of the hon'ble supreme court in the case of housing board, haryana vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... acquisition proceedings initiated under the land acquisition act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this act but the physical possession of the land has not been taken or the 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 ..... in that view of the matter, we find that though reliance placed by the learned counsel for the petitioners on the judgment in the case of pune municipal corporation and another (cited supra) is well placed, the said would not be applicable to the facts of the present case. 23. ..... the high court of punjab and haryana dismissed the petition in limine on the ground that once award was passed and possession was taken, the acquired land will be deemed to have vested in the government and the high court cannot entertain the writ petition. ..... state of haryana and others reported in (2012) 1 scc 792 and in the case of velaxan kumar .vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... since the performance of its functions by the municipal council of the petitioners, the earlier discussion has shown, must be regulated one way or the other and since no such regulation by prescribing the suitable terms and conditions has been put in place by the municipal council, katol, the principle of rule of law would demand that the municipal council abides by the executive directions of the state government and the guidelines contained in such instruments as the standing order no. ..... if such conduct is not taken as a misconduct and only a financial irregularity on the ground that there has been no wrongful loss or there has been meager loss of just about rs.38,000/-, as submitted by the learned senior counsel for the petitioners, any officer of the municipal council or a public functionary of the council would be free to do an act the way he thinks fit, may be on his own fancies and yet get away from it saying that no loss has been actually caused or difference in amounts paid and ..... the cases relied on additionally by the learned counsel for the interveners are as follows : (i) (2010) 13 scc 586 mehar singh saini, chairman, haryana public service commission and ors. ..... cecelia kom francis tellis (1973) 1 scc 409, state of punjab v. .....
Tag this Judgment!Court : Mumbai Nagpur
..... submissions were advanced in support and against the impugned order, whereas it was the case of the learned counsel for the petitioner herein that the directions are unsustainable in the context of the public employment which is envisaged under the municipal council. ..... the retinue of the employees of the municipal council is sanctioned by the state government through the director of municipal administration and therefore for appointment of any employee in any cadre, the same can be done by adhering to the statutory rules and regulations. 11. ..... the petitioner is a municipal council, established under the provisions of maharashtra (municipal councils) (nagar panchayats) and industrial townships act, 1965 (for brevities sake referred to as the act of 1965) . ..... the learned counsel for the respondent - employee supported the said direction in the operative part by contending that since the respondent did not have the educational qualifications, the industrial court had moulded the reliefs having regard to the provisions of the mrtu and pulp act. 10. ..... however, thereafter it has totally misdirected itself by directing the petitioner - municipal council to regularize the services of the respondent in any post in any other cadre where his educational qualifications entitle him to be so appointed. ..... however, the industrial court held that the municipal council cannot be directed to confirm the complainant in the post asked for, in the absence of necessary qualifications. .....
Tag this Judgment!Court : Mumbai Nagpur
..... that there was a specific plea in paragraph 10 of writ petition no.4433 of 1998 to the effect that "the fundamental and legal right of the citizens of pune of submitting objections and suggestions to any modification in the final development plan u/s 37 of the act has been infringed", and that was solely on account of the developer being a close relation of the then chief minister who was also the minister for urban development which controls the appointments of a municipal commissioner to a corporation established under the b.p.m.c act 1949. ..... (supra), thr hon'ble court also observes that the government and municipal corporations are trustees of the citizens for the purposes of retention of the plots meant for public amenities. ..... the planning authority as well as of the concerned government department were not in favour of deleting the reservation but the municipal commissioner gave a favourable report on the direction of the ..... the communication dated 29.08.2002 sent by the said department to the principal secretary, urban development department on same lines, letter dated 30.09.2002 sent by the executive engineer to the urban development department, opposing change of user, letter dated 10.10.2002 sent by the nagpur municipal corporation to urban development department opposing change of user, are all pressed into service to urge that for valid reasons, these authorities have been opposing commercial ..... state of haryana, reported at (2006) 7 scc ..... state of haryana, (supra), rely upon .....
Tag this Judgment!Court : Mumbai Nagpur
..... 3 - nagpur municipal corporation vide notice dated 26.10.2010 under section 37 of maharashtra recognition of trade practices act, 1966, (hereinafter referred to as 1966 act) by seeking deletion of reservation for primary school and secondary school and to add the land thereof to playground is ..... the effort in the petition was to have entire ground for playground without any reservation for school and this was after nagpur municipal corporation passed a resolution to propose modification under section 37 of act of 1966 ..... the question before the hon'ble apex court was regarding erection of arches and no objection certificate issued by municipality to construct the same on the condition that there would be no ..... dated 11.08.2011 sworn by ravindra rambhau kumbhare, additional municipal commissioner, states that "the nagpur improvement trust, which was planning and development authority in respect of these reserved lands prior to 27th february, 2002, had submitted objection to the proposed development plan". ..... it is not in dispute that during the pendency of this petition, nagpur municipal corporation has considered said proposal and later on decided ..... it is the stand of nagpur improvement trust that it is not required to obtain development permission from nagpur municipal corporation in respect of developments undertaken by it as a development agency and state government through its notification dated 27.02.2002 has clarified that it can continue functioning as planning authority for such .....
Tag this Judgment!Court : Mumbai Nagpur
..... marketing board, rohtak (haryana) ( 2010) 3 scc 637, has observed that wide discretion is vested in the labour court while adjudicating an industrial dispute relating to the discharge or dismissal of a workman and if the labour court has exercised its jurisdiction in the facts and circumstances of the case to direct reinstatement of a workman with 50% back wages taking into consideration the pleadings of the parties and the evidence on record, the high court in exercise of its power under articles 226 and 227 of the constitution of india will ..... he submits that in devindersingh municipal council, sanaur (supra) this law has been appropriately applied while holding that source of employment is not relevant for finding out whether a person is or is not a workman under section 2(s) of the industrial disputes act. ..... reliance was upon the decisions in haryana state electronics development corporation ltd . ..... mahatma mishra (2006) 13 scc 727), haryana urban development authority v. ..... haryana state agriculture marketing board (2009) 15 scc 327), senior superintendent telegraph (traffic), bhopal v. .....
Tag this Judgment!Court : Mumbai Nagpur
..... , otherwise than as a punishment inflicted by way of disciplinary action, but does not include- (a) voluntary retirement of the workmen; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or [(bb) termination of the service of the workman as a result of the non renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or] ..... the learned single judge held that since it was an admitted position that the complainant had completed 240 days of service in a year prior to the date of the complaint and since there was non-compliance with the provisions of section 25f of the id act, the termination of the complainant was illegal and amounted to unfair labour practice as specified in item 1 of schedule iv of the mrtu and pulp act ..... after that his services will be dispensed with", which was accepted by the employee by affirming an affidavit to the effect that he would not have any objection, if municipal corporation dispensed with his services and thereby acknowledged its right to that effect, this court held : "clause (oo)(bb) of ..... their lordships of the apex court in the case of haryana state agricultural marketing board (supra) had an occasion to consider the case of an employee who was appointed on contractual basis .....
Tag this Judgment!Court : Mumbai Nagpur
..... and/or open space opposite shops ;iii) collect garbage generated on the road and/or in the adjoining shops and /or shopping complex thrice a day ;iv) direct sanitary inspector of ward no.10 and health officer of the area :a) to take repeated rounds, with the assistance of flying squad, of the subject area to prevent encroachment on footpaths and other corridors in front of the shops with direction to report it to the additional deputy municipal commissioner of the corporation who shall take steps within (7) seven days to remove repeated ..... no parking of taxis shall be permitted except in the railway station compound to the extent taxis can be accommodated.ii) the commissioner of police shall deploy adequate number of staff round the clock to maintain law & order and shall provide all police assistance to the corporation authorities to properly maintain public parking places and discharge their duties in accordance with the provisions of the act and to comply with this order.3) all shop owners/occupants are directed to take note of this order and ..... shall comply with the directions issued herein and shall not permit anybody to encroach upon the open space in front of their shops and that they shall keep it free for public without creating any obstruction, .....
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