Court : Supreme Court of India
Reported in : AIR2000SC671; 2000(2)ALLMR(SC)438; JT1999(10)SC336; 2000(1)SCALE124; (2000)2SCC48; [1999]Supp5SCR197
..... incidentally, the decision last noted was also on the land acquisition and requisition under the maharashtra regional and town planning act, 1966 and in paragraph 29 k of the report, this court observed:it is well settled law that when there is inordinate delay in filing the writ petition and when all steps taken in the acquisition proceedings have become final, the court should be loath to quash the notifications. ..... while it is true that the evidence rendered by the respondents during the course of hearing was without prejudice qua the reservation of rights to challenge the same but the factual backdrop in its entirety however in our view does not indicate any challenge to the notice of acquisition.17. ..... the factual analysis in short therefore, depicts that the notification for acquisition in terms of the act was issued in 1971, the award was published in regard thereto in 1976 and the writ petition was filed in 1992. ..... 2 not only failed to take steps even after passing of the award in 1976 but attempted to change the public purpose even thereafter in 1980 and 1993. ..... salve pointed out that whereas the notice for acquisition was issued in 1971 and the award was passed and possession was taken in the year 1976, the writ petition was filed in the year 1992 i.e. ..... the facts depict that the writ petition before the high court was filed on 21st october, 1992, for setting aside the award dated 26th april, 1976 in regard to cts no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR690; (2007)109BOMLR125
..... the maharashtra agricultural lands ceiling on maharashtra agricultural lands (ceiling on maharashtra agricultural lands (ceiling on holdings) act, 1961 was enacted and came into force with effect from 26-1-1962. ..... fatmabai ibrahim : (1997)6scc71 , the matter under the bombay tenancy and agricultural lands act, 1976, it was held that powers of suo motu enquiry could be exercised within a reasonable time when no time limit is prescribed for exercise of such power under statute.11. mr. ..... as integrated comprehensive conspiracy involving three categories of conspirators:(a) the leaders;(b) the beneficiaries and the beneficiaries and the beneficiaries and(c) the actual perpetrators, doing the reprehensible work of committing forgery in respect of the factory record and the revenue record....but not only that they master-minded the conspiracy but, when they learned that it was detected, pulled wires in the right quarters, at the bureaucratic and possibly the ministerial level so that the prosecution of the offenders was delayed for a period of 10 precious years .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALT113
..... section 32 deals with effect of the act on other laws, and the said provision reads asunder:sub-section (1) the provisions of this act and of any rules or schemes made there under shall have effect notwithstanding anything inconsistent therewith contained in any other law, except the provisions of the foreign exchange regulation act, 1973 (46 of 1973) and the urban land (ceiling and regulation) act, 1976 (33 of 1976), for the time being in force or in the memorandum or articles of association of an industrial company or in any other instrument having effect by virtue ..... in the light of the views expressed above, the question whether state of maharashtra's case (referred 12 supra) is direct on the point and lokraj's case (referred 11 supra) is not direct on the point and the other full bench decision in m/s ushodaya enterprises limited's case (referred 13 supra) to the effect that the later decision need not be followed, these aspects need not be considered in elaboration. ..... further it is averred that in normal course of business because of which the company could survive the operations and was able to honour the commitment in repayment to the institutions, outstanding pf, esi and other statutory dues. ..... it is seen that during the course of implementation of the earlier scheme i.e. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... to grant conditional permission; that after fulfilling the terms and conditions imposed by the government of maharashtra, the developer had got the building plans of the proposed building sanctioned vide commencement certificate dated may 3, 1997 and also obtained redevelopment permission from the competent authority, pune urban agglomeration, pune, under section 22 of the urban land (ceiling and regulation) act, 1976 vide order dated april 5, 1997.18. ..... it provides that, even when authorised development or use of land is resorted to, if the planning authority thinks that it is expedient in the interest of proper planning of its areas, having regard to the development plan prepared that there should be a change or discontinuance of the authorised development or that the authorised development should be put to further conditions or the structures already put up on the land should be dismantled, then the planning authority is empowered to do so, subject, of course, to the right of appeal and the right to compensation as dealt with in the section. ..... section 21 provides that a town planning scheme may be made 'in accordance with the provisions of this act' in respect of any land which is (a) in course of development, (b) likely to be used for building purposes, or (c) already built upon. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)
..... since alteration of the sanctioned development plan is the subject-matter falling within the jurisdiction of the planning authority under the maharashtra regional town planning act, 1971, the first respondent instructed the second respondent to take suitable action under section 37 of the maharashtra regional town planning act, 1966 (hereinafter referred to as the 'mrtp act'), by the letter dated january 25, 1973. ..... on july 26, 1978, the sixth respondent obtained from the state government an exemption under section 30 of the urban land (ceiling and regulation) act, 1976 (the 'ulca'), in respect of the concerned plot. ..... we are aware that giving of over wide leeway in a public interest litigation might open up a pandora's box, but, having regard to the chequered history and the meandering course of this litigation, we would prefer to exorcise this spectre once and for all instead of allowing it to haunt different courts from time to time. ..... ***** (b) contravention of the urban land (ceiling and regulation) act,1976, and the exemption thereunder : ***** we are, therefore, not inclined to accept the contention that there is any violation of the exemption order under the urban land (ceiling and regulation) act or the conditions stipulated therein. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)BomCR821; 2004(1)MhLj177
..... the government of maharashtra has enacted the 'maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000'. ..... at any rate, the ratio of the judgment, though on incorrect factual submissions, is to the effect:'the notification of the president under article 342 of the constitution, subject to the scheduled castes and scheduled tribes act, 1976, is conclusive and final. ..... 108 of 1976 was enacted by parliament and entry 44 in part ix of the second schedule to the said act specifically includes thakur, thakar, ka thakur, ka thakar, ma thakur and ma thakar as scheduled tribes in maharashtra for the purpose of the constitution.11. ..... in the list notified by the maharashtra government for other backward castes at entry no. ..... unfortunately, when we do not create more jobs and we do not enlarge the size of the bread but we go on expanding the illusory area for the reserved class claimants, there is bound to be cut throat race to snatch a piece of the scarce bread by any means whatsoever. ..... it is a race amongst the haves-not and poor and unemployed millions. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP11
..... being less than thirty days from such publication, on which and the time and place at which the application and any representations received will be considered; provided that, if the grant of any permit in accordance with the application or with the modifications would have the effect of increasing the number of vehicles operating in the region or in any area or on any route within the region under the class of permits to which the application relates, beyond thelimit fixed in that behalf under sub-sec ..... carriage permit, have regard to the following matters, namely: -- (a) the interests of the public generally; (b) the advantages to the public of the service to be provided, including the saving of time likely to be effected thereby and any convenience arising from journeys not being broken; (c) the adequacy of other passenger transport services operating or likely to operate in the near future, whether by road or other means, between the places to be served; (d) the benefit to any particular locality or localities likely to be afforded by the service; (e) the operation by the applicant of other transport services ..... itself changed the law in 1976, the state government could not have issued notifications inconsistent with the amending act of 1976. ..... there, the number of taxi-cabs had been limited since 1948 to 300 by the licensing authority namely the liverpool ..... 89(2) of the new act permits for stage carriage ought to be ordinarily granted as a matter of course in cases not covered by .....
Tag this Judgment!Court : Chennai
Reported in : (1997)IILLJ885Mad; (1998)IMLJ14
..... ' section 4(6) of the maharashtra employees of private schools (conditions of service) regulation act, 1977 reads as follows : 'no employee of a private school shall be suspended, dismissed or removed or his services shall not be otherwise terminated or he shall not be reduced in rank, by the management, except in accordance with the provisions of this act and the rules made in that behalf'. ..... the only question for our consideration in tifis writ appeal is, whether the prior approval of the competent authority under section 19(1) of the college act is necessary in the case of termination of a probationer, when form 7-a continuing the conditions does not make the prior approval of the competent authority nee-enary for termination of the probationer as in the case of the rules relating to the tamil nadu recognised private schools (regulation) act, 1973 (hereinafter referred to as the schools act). 11. mr. r. ..... the 1st respondent preferred an appeal to the 2nd respondent under section 20 of the tamil nadu private colleges (regulation) act, 1976 (hereinafter referred to as the college 34 act). ..... union of in-&a; 1976 all sl 1(delhi) full bench) '. 18. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1995Bom290; 1994(4)BomCR309; (1995)97BOMLR957
..... the hearing was devoted to questions such as to whether the thane municipal council could have refused permission having regard to the provisions of sections 45 and 46 of the maharashtra regional and town planning act in the light of the representations made by the chemical industries and in the light of the observations made in several other decided cases, we only need to observe that the facts of this case are materially different to the usual run of the ..... housing treating the areas as if they are in residential zone, subject to condition that the owners of such lands shall get approval to layout and get building plans from the thane municipal corporation for residential user and obtain necessary permission for that purpose under the provisions of urban land (ceiling andregulation) act, 1976 and also get prepared 'detailed layout from the thane municipal corporation if the land ..... , in the course of his arguments, submitted that if one were to consider the grave need of hundreds of thousands of poor and middle class citizens who are in desparate need of residential accommodation and in response to which requirement the residential buildings were being constructed in that area and juxtapose this with the status of the petitioners companies, it would certainly be valid to argue that the latter group constitutes the larger and more prosperous of the two and ..... of utmost importance but which are vital for the very survival of the human race, that fall for decision in the present case. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR351; 2000(1)BomCR841; 2000(1)MhLj729
..... the government of maharashtra issued notifications on 30th october, 1972, 3rd february, 1973 and 4th may, 1973 under section 40(1)(b) of the maharashtra regional and town planning act, 1966 (hereinafter referred to as the m.r.t.p. ..... the corrigendum to the said notification was issued by the competent authority and the same has been published in the government gazette dated 9-9-1976 wherein it has been shown that the area sought to be acquired from survey no. ..... however, during the course of arguments, the challenge to the constitutional validity of sections 125, 126, 128 and 129 of the m.r.t.p. ..... section 11 falls in part ii of the land acquisition act and it provides that on the days fixed or on any other day to which the enquiry has been adjourned, the collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of the land at the date of the publication of the notification under section 4(1) and into the respective interests of the persons claiming compensation and thereafter shall make an award .....
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