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Unauthorised Development - Law Dictionary Search Results

Home Dictionary Name: unauthorised development

Unauthorised development

Unauthorised development, means the develop-ment carried out, without obtaining the permission of the authority competent to give such permission or in contravention of the permission. [Regulariza-tion of Unauthorised Developments in the City of Ulhas Nagar Act, 2006, s. 2(d)]...


Unauthorised occupation

Unauthorised occupation, in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. [Public Premises (Eviction of Unauthorised Occu-pants) Act, 1971 (40 of 1971), s. 2 (g)]The expression 'unauthorised occupation' is explain-ed in s. 437A of the Bombay Provincial Municipal Corporation Act, 1949 in relation to any person authorised to occupy any municipal premises to include the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined, Ahmedabad Municipal Corporation v. Ramanlal Govindram, AIR 1975 SC 1187: (1975) 1 SCC ...


Encroachment and unauthorised construction

Encroachment and unauthorised construction, there is a distinction between the two concept namely unauthorised construction and raising of construc-tion or encroached land. As far as the first facet is concerned, it fundamentally conveys that a con-struction has been raised without obtaining approved plan or map from the competent au-thority, raising of construction in total transversion of the master plan and rasing of a construction without sanctioned plan or map and in deviation in the construction which are within the compound-able on one's own land. As far as the second facet i.e. construction on the raising land is concerned it is construction raised by a person on the land of the State Government or any public authority, Panital Chowk v. State of Madhya Pradesh, AIR 1906 NOC 299....


Remains on unauthorised absence

Remains on unauthorised absence, the expression 'remains on unauthorised absence' means an employee who has not respect for discipline and absents himself repeatedly and without any justification or the one who remains absent for a sufficiently long period, Pyare Lal Sharma v. Managing Director, AIR 1989 SC 1854: (1989) 3 SCC 448. (J.K. Industries Employees Service Rules and Regulationsm, Regns. 16, 14)...


Unauthorised possession

Unauthorised possession, the unauthorised possession in the context means without the authority of law. There is no dispute even in the area, Sanjay Dutt v. State, (1994) 5 SCC 410. [Terrorist and Disruptive Activities (Prevention) Act, 1987, s. 5]...


Unauthorised use

Unauthorised use, the word 'unauthorised use' in the section does no import any idea of prohibition. The intention of the law clearly is to obtain payment for water used; and the fact that the rates prescribed may be high cannot alter this position, Jawala Ram v. State of Pepsu, AIR 1962 SC 1246 (1248): (1962) 2 SCR 503. [Northern India Canal and Drainage Act, 1873, s. 15]...


Development

Development, means the carring out of building, engineering,mining or other operations in, on over or under land or the making of any material change on any building or land, or planting of any tree on land and includes development. [Delhi Metro Railway (Operation and Maintenance) Act, 2002 (60 of 2002), s. 2(c)]Development with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land and includes redevelopment. [Delhi Development Act, 1957, s. 2(d)]The word 'development' in, s. 10(20A) of the IT Act, should be understood in its wide sense. There is no warrant to exclude all development programmes relating to any industry from the purview of the word 'development' in the said sub-section. There is no indication in the Act that development envisaged therein should confine to non-industrial activities. Development of a place can be accelerated through vari...


Development Commissioners

Development Commissioners, means the Develop-ment Commissioner appointed for one or more Special Economic Zones under sub-s. (1) and s. 11 [Special Economic Zones Act, 2005 (28 of 2005) s. 2(h)]Eight persons so named can be appointed by the king, who also nominates the chairman, under s. 3 of the (English) Development and Road Improve-ment Funds Act, 1909 (9 Edw. 7, c. 47), as amended by the (English) Act of 1910 (10 Edw. 7 and 1 Geo. 5, c. 7); 10 & 11 Geo. 5, c. 72; 13 & 14 Geo. 5, c. 21. The Commissioners are appointed for the purposes of recommendation to the Treasury in regard to advances which the Treasury is empowered to make out of a fund to be called the Development Fund created and provided for by the (English) Act of 1909, for any of the following purposes:--(a) Aiding and developing agricultural and rural industries by promoting scientific research, instruc-tion and experiments in the science, methods and practice of agriculture (including the provision of farm institutes), ...


Development work

Development work, construction of the under-ground market is not intended and meant to destroy the intrinsic character of a public park but on the contrary, the scheme is to re-locate and re-develop the park as a public park as a place for public recreation. Construction of underground market is held to be development work, Calcutta Youth Front v. State of West Bengal, AIR 1988 SC 436 (439). [Calcutta Municipal Corporation Act, 1980 (59 of 1980), s. 353(2) Expl.]Development works, construction of schools, hospitals and community centres and other community buildings do not come within the purview of the term 'development works', D.L.F. Qutab Enclave Complex Educational Charitable Trust v. State of Haryana, (2003) 5 SCC 622 (634). [Haryana Development and Regulation of Urban Areas Rules 1976, R. 2(b)]...


Re-development areas

Re-development areas. By ss. 34 et seq. of the (English) Housing Act, 1936, a local authority may acquire an area of land by agreement or compulsorily for houses for the working classes if after an inspection for the purposes of detecting overcrowding under s. 1 of the Act or otherwise the authority is satisfied that the area contains fifty or more working class houses, of which at least one-third are overcrowded or unfit for human habitation, and that the industrial and social conditions of the district are such that the area should be used for working-class houses and that the area should be re-developed as a whole for their accommodation. The authority must in those conditions prepare a re-development plan by reference to a map to be submitted to the Minister of Health for approval, and the Minister must hold a public inquiry if there is any objection, before giving or withholding or modifying the plan; in any other case approval may be given, qualified or withheld at the Minister''...


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