Court : Mumbai
Reported in : 2008(4)MhLj250
..... joshi, assessor and collector, in-charge, bombay municipal corporation, bombay, the appellant begs to file the present appeal under section 217 of the bombay municipal corporation act, 1888 for the reliefs prayed for hereunder, on the following amongst other grounds (the grounds being without prejudice to one another).thus, the challenge in the appeal is not to a demand for tax but to an order ..... or refund of octroi paid wrongly or in excess.when octroi has been wrongly recovered or has been recovered in excess through inadvertence, error, misconstruction, misinterpretation or any other reason on the part of the municipal octroi staff or that of the agents appointed by the commissioner under section 213 of the bombay municipal corporation act. ..... municipal corporation for the city of pune and ors ..... in case of octroi payable on the goods imported in the city, as per rule 12 referred to above, the octroi is demanded at the entry point of the city by the octroi inspector and same is to be paid at the entry point against which a receipt is to be issued by the octroi inspector ..... if the appeals were maintainable, whether one appeal could have been preferred by the said mills challenging the levy of octroi on various consignments brought into the city by the said mills from time to time? ..... after receiving the cash amount, the octroi inspector has to hand over the original receipt and form b to the importer who thereafter becomes entitled to take the articles within the limits of the city.13. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(1)ALLMR(SC)934; 2008(1)AWC831(SC); 2008(2)BomCR3; [2008(1)JCR164(SC)]; 2008(1)SCALE70; (2008)1SCC597; 2008AIRSCW367; 2008(1)SCC597; 2008(1)SCALE70
..... on 1st september, 1999, a notice under section 354-a of the bombay municipal corporation act (for short 'the act') was issued to the petitioner, alleging unauthorised reconstruction of the structure by him, to which he responded vide his reply dated 5th september, 1999. ..... he filed a suit for declaration and permanent injunction against the bombay municipal corporation (hereinafter referred to as the 'corporation'), restraining them from carrying out demolition of the property bearing shed no. ..... findings that: (i) in none of the orders passed by the high court, there was direction regarding regularisation and there was no mention of any datum line or policy statement on behalf of the corporation much less 3rd march, 1981; (ii) the communication between the corporation and the state government was only draft guidelines sent for approval, inter alia, suggesting that because of litigation started by the occupants of the sheds, 3rd march, 1981 may ..... by giving certain suggestions, the corporation set up a specific case that the datum line was never changed from 1st april, 1964, as applicable to all industrial sheds existing all over the city of bombay, to 3rd march, 1981 as pleaded by the petitioner. ..... 580 of 2005 and order dated 28th october, 2005, passed in the review petition, whereby the appeal as well as the review application preferred by the petitioner against the judgment of the bombay city civil court, dismissing his suit have been dismissed.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(9)SCALE405; (2009)1SCC497
..... amc is a statutory body established under the ahmedabad municipal corporation act and ongc is a statutory corporation established under the oil & natural gas commission act, 1959. ..... heard learned counsel for the parties.the ahmedabad municipal corporation (amc for short) decided to construct a bridge across the river sabarmati. ..... the high court was of the view that having regard to the nature of jurisdiction exercised under section 34 of the act, and as the provisions of section 96 and order 41 rule 33 of cpc were inapplicable, the trial court could not have shifted the liability from amc to ongc. ..... ongc contended that having regard to the scope of section 34 of the act, the court ought not to have shifted the liability from amc to ongc. ..... in that behalf amc sought financial contribution from ahmedabad electricity company (aec), oil & natural gas commission (ongc) and gujarat state road transport corporation (gsrtc). ..... feeling aggrieved by the award, aec filed an application before the city civil court, ahmedabad under section 34 of the arbitration and conciliation act, 1996 ('act' for short). ..... the city civil court by its judgment dated 15.9.2003 upheld the award directing the payment of rs. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR452
..... the contentions of the petitioner are that the government resolutions would have the force of law as they are issued in furtherance of the statutory powers vested in the government under section 520 of the bombay municipal corporation act, 1888 and even if it is not so, it will be in exercise of the powers under article 162 of the constitution of india. ..... the instant case, there has been compliance with the provisions of section 72 of the corporation act, inasmuch as, in furtherance to the resolutions dated 4th february, 203 and 2nd february, 1992 the corrigendum dated 11th november, 2008 was issued by the competent authority of the corporation to enhance earnest money deposit. ..... number of other applicants including class-a contractors of the corporation complied with the condition and deposited the amount, the petitioner despite issuance of tabulated statement dated 14th november, 2008 did not deposit any amount nor had he raised any ..... the issuance of the first tender notice on 22nd october, 2008, a corrigendum was issued by the corporation increasing the earnest money deposit from rs. ..... was published on the notice board of the corporation on 11th november, 2008s and the local newspapers separately. ..... 1 and 2 is not fair because after the tender was published on 22nd october, 2008 suddenly on 11th november, 2008 the tender - deposits were abnormally raised to such a high level that it almost became impossible for any person to come with such huge deposit amount within a short period of .....
Tag this Judgment!Court : Delhi
Reported in : 152(2008)DLT726; 2008(106)DRJ97
..... petitioner also seeks a writ quashing section 95(2)(a) of delhi municipal corporation act, 1957 as being vocative of fundamental rights and ultra virus ..... his conviction by the special judge, cbi under prevention of corruption act, the municipal authorities have invoked the provision of section 95(2)(a) of the act read with relevant regulation referred above and also relying on o.m. no ..... provides that where the employees have been convicted on a criminal case, issuance of show cause notice or holding of a departmental inquiry was not required for imposition of the penalty on municipal employee on the ground of conduct leading to his conviction in a criminal case. ..... the petitioner in these circumstances has not pressed the submission with regard to the constitutional validity of section 95(2)(a) of the dmc act and regulation ix(1) of the dmc services (control and appeal) regulations. ..... respondent also by invoking the provisions of section 95(2)(a) of the dmc act, read with regulation 9(1) of dmc services (control and appeal) regulations, 1959, dismissed the petitioner from service without holding ..... having considered all the relevant facts in relation to the judgment and conviction of the petitioner, considered it prudent to dispense with departmental inquiry by invoking provisions of section 95(2)(a) of dmc act and thereupon dismissed the petitioner.4. ..... the petitioner was prosecuted pursuant to the case registered by the cbi under the prevention of corruption act being rc dai-2003-a-0009. .....
Tag this Judgment!Court : Delhi
Reported in : 2008CriLJ3574; 2008(104)DRJ374
..... section 347 of the delhi municipal corporation act reads as follows:347. ..... the complaint has been filed under sections 347 and 461 of the delhi municipal corporation act, 1957 (the act).2. ..... part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this act and the bye-laws made thereunder;(b) change or allow the change of the use of any land or building;(c) convert or allow the conversion of one kind of tenement into another kind.5. ..... the respondent mcd filed the aforesaid complaint under sections 347 and 461 of the act in october, 2001 wherein it was alleged that according to the prosecution report dated 25-8-2001 the accused ms. ..... the municipal commissioner will not be responsible for any proceedings initiated against the holder of this license by the delhi administration/dda or any other officer.8. ..... the submission of learned counsel for the respondent is that section 347(b) of the dmc act pertains to the change of use of any land or building. ..... b-23, ground floor, greater kailash-i, new delhi was found committing the offence on the said date under section 347 of the dmc act which is punishable under section 461 of the said act.4. ..... year after year, the mcd cannot later on turn around and contend that the petitioner had not obtained the permission of change of use and is liable to be prosecuted under section 347/461 of the dmc act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR16
..... the respondent herein, the municipal corporation of the city of pune (hereinafter referred as the 'said corporation' for the sake of brevity) established under the bombay provincial municipal corporation act 1949 (hereinafter referred to as 'the bpmc act' for the sake of brevity) is said to have decided to set up what is titled as 'forest garden' (in local language marathi - ou&m;|ku), comprising of 50 hectares of land, situate at pachgaon, mauze parvati pune. ..... the acquisition proceedings have been questioned on the following amongst other grounds:a) absence of resolution of general body of the corporation.b) non-compliance with the provisions of section 5a of the said act.c) conditional approval granted by the collector and that such condition is not complied with.d) the order of the divisional commissioner dated 28th april 2008 is unsustainable in law.we have dealt with all these aspects in detail hereinabove and have rejected the aforesaid third i.e. ..... petitioner.in this case validity of the award as also the acquisition proceedings have been questioned on the following amongst other grounds:a) non-compliance with the provisions of section 5a of the said act.b) the order of the divisional commissioner dated 28th april 2008 is unsustainable in law.c) non-compliance with the provisions of section 7 of the said actd) the special land acquisition officer (15) pune was not competent to conduct the acquisition proceedings.e) the acquisition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2941; JT2008(6)SC95; 2008(6)SCALE721; (2008)8SCC42; 2008AIRSCW4946
..... in the writ petitions, challenge was to validity of sections 326a to 326j of the chennai city municipal act, 1919 (in short the 'act') and the chennai city municipal corporation (licensing of hoardings and levy and collection of advertisement tax) rules, 2003 (in short the 'advertisement rules').4. ..... the municipal corporation was directed to extend all necessary cooperation to the district collector for removal of the hoardings in the city. ..... the expression `obstruction' in rule 3(iii) would, therefore, include any act which impedes the free and safe movement of the traffic, pedestrians and vehicles. ..... it is submitted that owners of advertisement hoardings in the city of chennai have persistently challenged and resisted the regulation on the erection of hoardings for the last two decades with the result that even today city of chennai presents the most deplorable huge advertisement hoardings on major roads, which are not only aesthetically objectionable but are hazardous and dangerous to traffic. ..... : 1990crilj2673 this court, construing the expression 'obstruction' appearing in section 133 of the customs act, 1962 has been pleased to hold:on the authority of hinchliffe v. ..... as has been rightly contended by learned counsel for the respondents, the act and the advertisement rules do not regulate advertisement. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR446; (2008)110BOMLR3580
..... the learned senior counsel appearing on behalf of the appellant submitted that on 10th july, 1991, a notice was issued to the predecessor-in-title of the suit property under section 351 of the mumbai municipal corporation act alleging that they had carried out brick and masonary work exceeding 15 feet without obtaining a permission and calling upon the said predecessor-in-title to show cause as to why the said extension of brick and ..... the definition of temporary building as per section 3(sb) of the mumbai municipal corporation act, 1888 reads as under:section 3(sb). ..... if the construction is carried out in compulsory open space without obtaining any prior permission from the competent authority, the same cannot be tolerated as per provisions of bombay municipal corporation act and the maharashtra regional town planning act, 1966.12. ..... before this hon'ble court at that time the division bench by order dated 4.9.2008 dismissed the said writ petition holding that:on bare reading of section 55, it is quite clear that the party is given 15 days notice to meet the case of the local planning authority on being served with the notice ..... the said notice was challenged in bombay city civil court by instituting the suit. ..... babbar sher khan filed the suit in city civil court bearing suit no. ..... in the said suit, bombay city civil court refused to grant any relief and therefore the appeal from order was preferred in this hon'ble court being appeal from order no. .....
Tag this Judgment!Court : Delhi
Reported in : 1996IAD(Delhi)749; 1996(36)DRJ558; 1996RLR140
..... is dear from the reading of the provisions of the delhi municipal corporation act, the only authority relating to the construction of buildings within its area is the municipal corporation of delhi and the contention that mcd has no jurisdiction is not ..... had not violatedany of the terms of sanction granted, provisions of the municipal bye laws, the delhi municipal corporation act, the building bye laws and the rules framed thereunder. ..... submitted that while filing civil suits representations were made that the constructions have been made in accordance with the sanctioned plans and also the delhi municipal corporation act and the building bye-laws but actual facts were suppressed. ..... (80) in controverting the arguments on behalf of the petitioners that there are several unauthorised constructions in the city and the authorities have acted in a discriminatory fashion in choosing to demolish only the properties mentioned in the petitions and also the properties subject matter of the appeals and consequently the action of the authorities come within the mischief of ..... it cannot be held that since over years demolition action has not been taken and the entire city consists of unauthorised construction, either beginning should not be made by taking demolition action or first the old unauthorised ..... of the law pertaining to the construction of the buildings in the city, the learned senior counsel submitted that section 7 of the delhi development act provides for the framing of the master plan. .....
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