Court : Allahabad
Reported in : 2000(2)AWC1761; (2000)2UPLBEC1270
..... really unnecessary to deal at length with the alternative submission of shri shanti bhushan, learned counsel for the state of west bengal that the impugned levy can also be sustained with reference to entry 45 of list ii, i.e. ..... the explanation to section 116 defined 'land revenue' to mean 'public revenue due on land and includes water cess payable to the government for water supplied or used for the irrigation of land, royalty, lease amount or other sum payable to the government in respect of land held direct from the government on lease ..... that the development of the special area will be a bounden duty of the state government and for various reasons which need not be mentioned here, the aforesaid special area development act though passed in the year 1986, the present government has taken up with all seriousness the steps to develop the special area and imposition of cess envisaged through special area act with regard to district sonbhadra and promulgated the said ..... therefore, in ouropinion, the mere fact that the levy imposed by the impugned act has adopted the method of determining the rate of the levy by reference to the minerals produced by the mines would not by itself made the levy a ..... coarse sind/ sandrs.2.00 (per cubic metre)rs.5.00 (per cubic metre) (2) the rates shall not be less than the minimum rates or more than the maximum rates specified in sub-rule (1) and shall be determined by the authority by a special resolution which shall be subject to confirmation by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... -bearing land as defined in clause (1) ofsection 2 of the west bengal rural employment and production act, 1976;(c) in respect of a mineral-bearing land (other than coal-bearing land) orquarry, at the rate of one rupee on each tonne of minerals (other thancoal) or materials despatched within the meaning of clause (1b) of section2 of the west bengal rural employment and production act, 1976, from suchmineral bearing land or quarry;provided that ..... prejudice to the generality of the foregoingpower such rules may provide for ail or any of the following matters,namely:(a) to (o) - (not reproduced)(p) the procedure for and the manner of imposition of fines for thecontravention of any of the rules framed under this section and theauthority who may impose such fines; and(q) the authority to which, the period within which, the ..... right to air, way, watercourse, use of water or other easementbecomes absolute and indefeasible.a person who holds land for agricultural purpose may, therefore,subject to any reasonable restriction that may be made by the state mayhave the right to use water for irrigational purposes and for the saidpurpose he may also excavate a tank, but under no circumstances, he can bepermitted to restrict flow of water to the neighbouring lands or dischargethe effluents ..... interest-tax under the interest-tax act, 1974, is a tax onincome and, if so, whether interest accruing to the uti from loans advancedby it stands exempted in view of section 32 of the uti act, 1963.kapadia, j .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR2956
..... including (i) recommendations of state government (ii) noc from the state pollution control boards from the angle of pollution control as governed by the water act, 1974 and air act, 1991 and (iii) recommendations of the sartorial expert committees. ..... site to the central government in the moef while initiating any investigation and surveys and they pertain to : (a) mining; (b) pit-head thermal power stations; (c) hydro-power, major irrigation projects and/or their combination including flood control; (d) ports and harbours (excluding minor ports); and (e) prospecting and exploration of major minerals in areas above 500 hectares. ..... state of west bengal, 1982(2) scc 295 it has been stated that it is primarily for the government concerned to consider the importance of public projects for the betterment of the conditions of living of the people on the one hand and the necessity for preservation of social and ecological balance, avoidance of deforestation and maintenance of purity of the atmosphere and water free from pollution in the light of various factual, technical and other ..... :-500mw & above 275-200 mw/210 mw andabove to less than500 mw 220- less than 200 0.8mw/210 mw h-14 (q) where qis emission rate ofso2 in kg/h, andhi stack height inmeters.steam generation 1/2 times thecapacity: neighbouringbuilding height- less than 2 ton/ or 9 metershr. ..... has resulted in continued shortage of power, forcing the imposition of restrictions both on demand and energy requirements and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC1115; (1988)1CompLJ81(SC); JT1988(1)SC69; 1988(1)SCALE54; (1988)1SCC471; [1988]2SCR530; 1988(1)LC512(SC)
..... by public notice prohibit the cultivation of such crop, the use of such manure or the use of the method of irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent the injury or contamination:provided that ..... the cultivation of any description of crops or the use of any kind of manure or the irrigation of land in any specified manner -(a) in a place within the limits of a city is injurious or facilitates practices which are injurious to the health of persons dwelling in the neighbourhood, or(b) in a place within or beyond the limits of a city is likely to contaminate the water-supply of such city or otherwise render it unfit for drinking purposes, the mukhya nagar adhikari may ..... by us on september 22, 1987, briefly referred to the water (prevention and control of pollution) act, 1974 (act no. ..... when, on any land in respect of which such notice is issued, the act prohibited has been practised in the ordinary course of husbandry for the five successive years next preceding the date of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC522; (1980)4SCC716; [1980]3SCR1209
..... by parity of reasoning, it must follow as a necessary corollary that the west bengal land reforms act, 1955 (act x of 1956) and the west bengal land reforms (amendment) act, 1972 (act xi1 of 1972) which introduced chapter iib therein with retrospective effect, from february 15, 1971, having been placed in the ninth schedule by the constitution (thirty-fourth amendment) act, 1974, as items 60 and 81 thereof, their validity cannot be questioned ..... of a ceiling limit on orchards under section 14o(2), the vesting of surplus land in the state under section 14s(1), the penal consequences for failure to file a return provided for in section 14t(4), the imposition of a restriction on transfers under section 14u and the absence of a provision for payment of compensation for acquisition of homestead under section 14v.3. ..... therefore, work out to 6.18 acres in the case of an individual, and 12.35 to 17.29 acres of irrigated land, in the case of a family, which, in the gangetic plains of west bengal, is not small by any standard ..... such lowering of the ceiling area, in the case of a raiyat, is tantamount to acquisition of land, within the ceiling limits applicable to him and, therefore, section 14v of the act which provides for payment of compensation according to the provisions contained in chapter iii of the west bengal estates acquisition act, 1953, and not for payment of compensation at a rate equivalent to the market value thereof, offends against the second proviso to article 31a(1).10. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC2097; 1980Supp(1)SCC574; [1980]3SCR1181
..... the figure thus arrived at shall be treated as 'a' category land and the remaining area of such land shall be treated as 'c category land; (d) where irrigation by canal water or government tubewell is supplemented by water drawn from privately owned tubewell, pumping set, well or other sources, the area treated as 'aa' category land in accordance with the provisions of sub-rule (3) or sub-rule ..... major daughter or such divorced daughter which again could be subjected to some maximum limit or the state of haryana may draw inspiration from a kindred legislation like west bengal land reforms act 1955 as amended by west bengal (land reforms) amendment ..... it is true that since the principal act (26 of 1972) as also the first amending act 17 of 1976 have been put in the ninth schedule, counsel for the appellants have challenged the constitutional validity of article 31-b as also of the constitution (34th amendment) act 1974 and the constitution (40th amendment) act 1976 whereby the principal act as well as the first amending act were put in the ninth schedule on the ground ..... payable for such surplus land that vests in the state government is to be calculated at the rates shown in the table given below section 16(1) and it is clear that the rates are based on the actual quality of the soil and its yield and the same cannot be ..... will be necessary to examine the provisions of the act and the rules concerning the imposition of ceiling on agricultural holdings and the determination of permissible .....
Tag this Judgment!Court : Chennai
Reported in : 2007(2)CTC369
..... of state policy and 51a(g) of the fundamental duty, to protect and improve the environment there are plenty of post-independence legislations on the subject but more relevant enactments for our purpose are: the water (prevention and control of pollution) act, 1974 (the water act), the air (prevention and control of pollution) act, 1981 (the air act) and the environment (protection) act, 1986 (the environment ..... but, such wild apprehension stands effectively answered in the state of west bengal case, referred supra, holding that such merry-go-round needs to be averted by harmonious construction and reconciliation of powers between the union and the ..... to the intrusion of salinity in many of the surrounding villages ground water extraction for irrigation is not recommended.though ground water table is very close and yield is also high, the area is mostly restricted for ground water extraction, due to intrusion of sea water into the ground water table. ..... in any state may, notwithstanding that it relates to a matter with respect to which the legislature of the state has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the state or officers and authorities thereof. ..... the legal imposition of publication in two daily newspapers is mandatory, for the reason that they should be made known to the general public, so that they have knowledge of the intended acquisition and then put for their objections, if they .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC811; 1997(1)Crimes189(SC); JT1997(1)SC160; 1997(5)SCALE406; (1997)2SCC87; [1996]Supp9SCR848
..... from the high tide level upto 500 metres shall be kept free from all construction of any type.the union of india and states/union territories of gujarat, maharashtra, orissa, kerala, tamil nadu, west bengal, goa, pondicherry, daman/deu, andaman/nichobar and lakshdeep have filed replies to the writ petitions.this court on march 27, 1995 passed the following order: this public interest petition is directed against the setting up of ..... compassion for living creatures.apart from the constitutional mandate to protect and improve the environment there are plenty of post independence legislations on the subject but more relevant enactments for our purpose are : the water (prevention and control of pollution) act, 1974 (the water act), the air (prevention and control of pollution) act, 1986 (the air act) and the environment ..... since the area available is vast, this can be achieved by application of environmentally-friendly technologies for optimal production rates against maximum production rates.3.sustainable development of shrimp aquaculture should be guided by the principles of social equity, nutritional security, environmental protection and economic development with a holistic approach to achieve long-term benefits.4. ..... . in areas where commercial shrimp ponds have been constructed there is frequently insufficient fresh water left to meet customary needs for irrigation, drinking, washing, or other household and livestock related uses, and water supplies may be contaminated, or both .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1560; JT2000(6)SC1; 1999(4)SCALE332; (2000)9SCC572
..... the terms of any agreement relating to the use, distribution or control of such waters or the implementation of such agreement; or(iii) the levy of any water rate in contravention of the prohibition contained in section 7'.section 3 of the act states that if it appears to the government of any state that the water dispute with the government of another state of the nature stated therein, has arisen ..... due to additional storage for power generation (100 tmc) total 4.13 lakh 91 tmc ------------------------------------------------------------------- acres if if karnataka is permitted to utilize ------------------------------------------------------------------an additional quantum of 91 tmc of water for irrigation and other purposes at almatti, the dependable flow in the river downstream of almatti and narayanpur would be severely reduced adversely affecting the interests of the lower riparian - plaintiff ..... had apprised the chief minister of west bengal about the same by letter dated 19.12.1996 and after receipt of the so-called report of the expert committee, the chief minister of karnataka had conveyed its reaction to the findings by his letter dated 25.2.1997 to which the chief minister of west bengal had replied that the points are ..... 5 under section 5(3) of the act praying that the maximum quantity which could be utilised in k-5 and k-6 sub-basin of the state of maharashtra and karnataka should be specified and ultimately on 23rd august, 1974, the learned advocate general for the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1993AP257
..... copy of the judgment and on receipt of the report, the central government shall consider the same, having regard to the provisions of the water (prevention and control of pollution) act, 1974, the air (prevention and control of pollution) act, (981, the environment (protection) act, 1986 and the industries (development and regulation) act, 1951 and pass appropriate orders in relation to the establishment of the mechanised slaughter-house (abattoir) at rudraram village, patancheru mandal, medak ..... state of west bengal, air 1987 sc 1109 wherein it was held as follows at page 1114:'where an administrative action or order of the government involves the problem of environment and the government is alive to the various considerations requiring ..... that sufficient care has been taken at every stage, to neutralise any adverse impact on environment by insisting upon installation of additional equipment at considerable cost to treat the liquid effluents and reduce the same into water which can be used for purposes of irrigation within the area around the factory in its land if self. ..... because of these reasons also, the slaughter rate as mentioned above will have very negligible effect on ..... the additional slaughter rate of 1.5 lakh buffaloes every year, the total capacity of the proposed slaughter house (al-kabeer) would step up the total slaughter percentange of both buffaloes and cattle ..... at any rate, they will have to forgo the little protein food which may be within their means to take once or .....
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