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Almitra H. Patel and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT2000(2)SC341; 2000(1)SCALE568; (2000)2SCC166; [2000]1SCR841

..... the municipal corporation of delhi (the mcd) constituted under the delhi municipal corporation act, 1957 (delhi act) and the new delhi municipal council (the ndmc) constituted under the new delhi municipal council act, 1994 (new delhi act) are wholly re-miss in the discharge of their duties under law. ..... we direct the municipal corporation of delhi through the commissioner, ndmc through its chairman and the cantonment board through its executive officer and all other concerned officials including sanitation superintendents/chief sanitary inspectors/sanitary inspectors/assistant sanitary inspectors/sanitary guides/medical officers to ensure that the relevant provisions of the dmc act, 1957, new delhi municipal council act, 1994 and the cantonments act, 1924 relating to sanitation and public health prohibiting accumulation of any rubbish, filth, garbage or other polluted obnoxious matters in any premises ..... and/or prohibiting any person from depositing the same in any street or public place shall be scrupulously complied.2. .....

Dr. B.L. Wadhera Vs. Govt. of Nct of Delhi and ors.

Court : Delhi

Reported in : 105(2003)DLT1; 2003(69)DRJ598; [2003]259ITR108(Delhi)

..... section 251 of the new delhi municipal council act, 1994 is a similarly worded provision. ..... ' in the opinion of this court, considering the provisions of the local acts, namely, new delhi municipal council act and delhi municipal corporation act, safety act, safety rules and the building bye laws no one can execute the work so as to contravene the provisions contained in the local acts or building bye-law and thereforee it cannot be said that in view of the deeming fiction permission was granted to occupy the building. ..... new delhi municipal council refers to chairperson, while the delhi municipal corporation act refers to the commissioner.23. ..... , municipal corporation of delhi, public works department, new delhi municipal council and delhi vidyut board 34. ..... and new delhi municipal council (hereinafter referred as n.d.m.c. ..... section 346 of the delhi municipal corporation act, 1957 refers to completion certificate. ..... in all high rise buildings in delhi and new delhi, fire safety measures are to be provided keeping in mind provisions made in the bye laws and specific provision for fire protection in the bye laws. ..... khanna commission of enquiry,' new delhi in its report has pointed out at page 153 in para 13:' it is sheer irony that dda, which has been constituted to play a pioneer role in the development of cosmopolitan, has shown lack of perception so far as fire safety measures were concerned, in planning its own building. .....

N.C. JaIn and ors. Vs. New Delhi Municipal Council and ors.

Court : Delhi

Reported in : 2003VIAD(Delhi)562; 107(2003)DLT242; 2003(71)DRJ14; 2004(2)SLJ291(Delhi)

..... counsel for the respondent no.3/upsc has contended that consequent to the notification of the new delhi municipal council act 1994, it had become incumbent on ndmc to associate upsc with the dpc for promotion to the group a posts and as the ndmc has promoted certain officers on ad hoc basis without consultation of the upsc, the upsc could not accord its approval. ..... the stand taken by respondent/ndmc is that the new recruitment rules framed by the ndmc have been approved by the upsc and the rules are yet to be notified and published in the official gazette and promotion to all group a post shall be made after the notification of the new recruitment rules. ..... it is admitted by counsel for both the parties that henceforth promotion to the post of sub-registrar grade ii will be according to the new rules on the zonal basis and not on the state-wide basis and, thereforee, there was no question of challenging the new rules. ..... we have not the slightest doubt that the posts which fell vacant prior to the amended rules would be governed by the old rules and not by the new rules.'7. ..... even otherwise when the petitioners have been performing the job in the regular cadre of assistant engineer for last 24 years they cannot be denied consideration for promotion to the post of executive engineer when they became eligible in terms of the old recruitment rules of the respondent and new rules have not come into operation. .....

Kashmiri Lal and ors. Vs. Ndmc and anr.

Court : Delhi

Reported in : AIR2005Delhi236

..... under the punjab municipal act, 1911 and under the new delhi municipal council act, 1994, no person can effect any construction which includes re-erection or further construction to an existing premises without the prior sanction of the committee. ..... bhagat singh market was earlier in an area under the control of new delhi municipal committee, now, under the jurisdiction of new delhi municipal council.2. ..... act to the new delhi municipal committee.whereas under reso.no.2 of special meeting held on 6.2.76 the committee has decided to give intimation of its intention to declare verandah in front of shops at bhagat singh market, new delhi as a public street.notice is hereby given that if any owner of property fronting, adjoining or abutting on the varandah of the bhagat singh market, new delhi has got any objection, the same may be lodged within one month from the date of publication of this notice. ..... the said section of the punjab municipal act, 1911 stands extended to the limits of new delhi municipal committee by a notification no.f.3(5)/56-lsg dated 3.6.58. ..... the public notice reads as under:-'public notice(notice under section 171(4) punjab municipal act.1911)whereas the chief commissioner, delhi under notification no.f.3(5)/56-lsg dated 30.6.58 extended section 171 of the p.m. .....

New Delhi Municipal Council Vs. the State Trading Corporation of India ...

Court : Delhi

Reported in : 126(2006)DLT191; 2006(86)DRJ157

..... on or about 22nd march, 2000, the appellant issued a notice to the respondent under section 72 of the new delhi municipal council act, 1994 (the ndmc act) proposing to amend the assessment list in respect of the building known as jawahar vyapar bhawan which, according to the appellant, was erroneously valued and under-assessed ..... - the following bye-laws made by the new delhi municipal committee under the provisions of sections 188(v) and 199(1) of the punjab municipal act, 1911, as in force in the limits of the said committee, relating to the assessment and collection of house tax, having been confirmed by the chief commissioner, delhi, under sub-section (1) of section 201 of the said act, are hereby published for general information and shall come into force on the expiry of six weeks from the date of ..... the date of the establishment of the council, the punjab municipal act, 1911, (punjab act 3 of 1911) as applicable to new delhi, shall cease to have effect within new delhi. ..... order, scheme, rule, form, notice or bye-law made or issued, and any license or permission granted under the act referred to in sub-section (1) of this section and in force immediately before the establishment of the council, shall, in so far as it is not inconsistent with the provisions of this act continue in force and be deemed to have been made, issued or granted, under the provisions of this act, unless and until it is superseded by any appointment, notification, order, scheme, rule, form, notice or bye .....

Nakul Kapur Vs. Ndmc and ors.

Court : Delhi

..... it is not in dispute that the respondent ndmc on 24th january, 2005 had served a notice under section 72 of the new delhi municipal council act, 1994 for assessment of the plot of land at the rateable value of `8,00,000/- with effect from 1st april, 2004. ..... new delhi municipal committee air 1980 sc 541 and dr. ..... the assessing authority of the respondent ndmc after hearing the petitioners held that as per section 63(2) of the ndmc act, 1994 the rateable value of land which is not built upon but is capable of being built upon and/or which is in the process of erection, is to be fixed at 5% of estimated capital value thereof and as such on the basis of the capital value of `1,60,00,000/- as disclosed in the sale deed of the year 1995 in favour of the mother of the petitioner, determined the rateable value of the land as on 1st april, 2004 at `8,00,000/-.7. ..... the writ petition impugns the order dated 9th july, 2009 of the assessing authority of the respondent ndmc revising the rateable value of property no.b-36, malcha marg, new delhi from the then existing value of `77,100/- to `8,00,000/- with effect from 1st april, 2004 and to `72,90,000/- with effect from 6th november, 2008 and the order dated 15th may, 2010 of the additional district judge dismissing the appeal of the petitioner against the order of the assessing authority.2. .....

Cinerama Private Ltd. Vs. New Delhi Municipal Council

Court : Delhi

..... in pursuance thereto, an order dated 31st january, 2004 came to be made by the respondent ndmc in which it reiterated its decision of amalgamation on the basis of sections 78 & 79 of the new delhi municipal council act, 1994.3. ..... - (1) save as otherwise provided in this act, the property tax shall be levied on lands and buildings in new delhi and shall consist of not less than ten and not more than thirty per cent of the rateable value of lands and buildings:provided that the council may, when fixing the rate at which the property tax shall be levied during any year, determine that the rate leviable in respect of lands and buildings or portions of lands and buildings in which any particular class of trade ..... "he has also informed that the provisions pari materia to sections 78 & 79 of the ndmc act, being sections 132 & 133 of the delhi municipal corporation act, 1957 have since been repealed.8. ..... or business is carried on shall be higher than the rate determined in respect .....

New Delhi Municipal Council Vs. Usha Gangaria and ors

Court : Delhi

..... at this stage, the position under the new delhi municipal council act, 1994 may also be noticed ..... 13647/2009 new delhi municipal council .....petitioner versus usha gangaria and ..... delhi commission for women 137 (2007) dlt 411 held that the delhi commission for women constituted under the delhi commission for women act, 1994 had no power for issuing any direction for payment of ..... far as the reference by the appellate authority to the provisions of delhi special provisions act (supra) is concerned, even if it were to be held that the hawkers/squatters/vendors are entitled to any protection under the said act, such protection has to be sought by approaching a court of law and not by moving the vending committee and/or the appellate authority. ..... *in the high court of delhi at new delhi % date of decision: 23rd december, 2011 + w.p.(c) ..... site on provisional basis till their claims for a tehbazari site were adjudicated; that with the same motive, an additional district judge was directed to be appointed in the vending committee and on 15th december, 2008, it was clarified that the hawkers/squatters/vendors would be entitled to raise all their contentions before the said committee; that the appellate authority had granted interim protection also in light of section 3 of the national capital territory of delhi laws (special provisions) act, 2009..24. ..... kartick das (1994) 4 scc 225 was faced with the entitlement of the fora constituted under the consumer protection act, 1986 to grant such interim .....

Sh. Dharam Chand Vs. Chairman, Ndmc and Ors

Court : Supreme Court of India

..... the learned single judge was of the view that under section 388(d)(5) of the new delhi municipal council act, 1994, the ndmc was empowered to impose terms and conditions while granting tehbazari rights and the letter dated 20th may, 1999 by which tehbazari/kiosk rights had been granted to the appellant contained terms and conditions which read inter alia, that ..... special leave is directed against the judgment dated 13.11.2014 of the division bench of the delhi high court, which dismissed the letters patent appeal preferred by the appellant against the decision of learned single judge of the high court, which dismissed the appellant s writ petition challenging the order dated 03.12.2013 issued by the enforcement department, new delhi municipal council (ndmc) deciding to relocate the appellant (a squatter) from his existing site outside supreme court to a site near gate of baroda house adjacent to the existing stalls due to security ..... dharam chand ..appellant(s) versus chairman, new delhi municipal council and others ..respondent(s) judgment m. ..... 10.4.2015, while considering the counter affidavit of respondent no.1 new delhi municipal corporation, this court thought it appropriate to obtain the stand of the secretary general of the supreme court of india as also the deputy commissioner of police, dealing with security of the supreme court of india ..... new delhi municipal committee,(1989) 4 scc155 the recommendations made by the committee constituted pursuant to an earlier judgment and .....

Aggarwal and Modi Enterprises Pvt. Ltd. Vs. New Delhi Municipal Commit ...

Court : Delhi

Reported in : 1996IIIAD(Delhi)860; 63(1996)DLT676; (1996)114PLR53

..... 'the plaintiff is given liberty to file a fresh suit on the same cause of action after issuing two months notice to the new delhi municipal council under section 385 of the new delhi municipal council act, 1994. ..... (11) during the pendency of this suit the parliament had enacted the new delhi municipal council act, 1994. ..... (10) the rejection of the plaint would not preclude the plaintiff from instituting a fresh suit after issuing notice to the new delhi municipal council by virtue of provisions of order vii rule 13, cpc. ..... section 385 of the new act reads as follows : (1)no suit shall be instituted against the council or against the chairperson or against any municipal officer or-other municipal employee or against any person acting under the order or direction of the chairperson or any municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this act or any rule, regulation or bye-law made there under until the expiration of two months after notice in writing has been delivered at the municipal office and, in the case of such officer,employee or person, unless ..... the old specific relief act was the repealed by the specific relief act, 1963 the present section pertain to the perpetual injunction in the new act is section 38 of the specific relief act, 1963 and that is not relevant for the present purpose. .....