Awas Evam Vikas Parishad Adhiniyam, shall be suspended except in relation to certain schemes in respect of which approval of the State Government was to be obtained. Sections 18 a and d enable the Board to frame Grihsthan Yojana House Accommodation Scheme Bhavi bharat ka nirman Sarak Yojna street scheme and perimeters thereof are contained in Sections 19 and 22 of the Adhiniyam.
There was thus an inordinately long delay and even if the law did not lay down any fixed period of limitation for finalisation of a scheme under the Adhiniyam, the scheme has necessarily to be finalised within a reasonable time and that if it is not so finalised in a reasonable Bhavi bharat ka nirman, the proceedings in connection thereof are liable to be quashed, in this connection, learned counsel referred us to following decisions: The case of the petitioners is that inasmuch as the Schedule referred to in Section 55 of the Adhimiyam equates a notification under Section 32 4 of the Adhiniyam with a notification under Section 6 of the Act, the restriction placed by the proviso added to Section 6 of the Act, on issuing a notification under that section after a lapse of three years of Bhavi bharat ka nirman notification under Section 4 of the Act, equally applies to the notification published under Section 32 4 of the Adhiniyam and in respect thereof the notification issued under Section 28 1 of the Adhiniyam is to be treated as equivalent to the notification contemplated by Section 4 of the Act, after the yearit was not open to the State Government to issue a notification under Section 32 4 of the Adhiniyam more than three years after the date of notification under Section 28 1 of the Adhiniyam.
We are accordingly not satisfied either that there were laches on the part of respondents in pursuing the said scheme or that they had at any time become indifferent or impervious to the said Scheme.
Sub-clauses 1 and 2 of Clause 2 of the Schedule run thus: It also provides for compulsory acquisition of land on a large scale in case it becomes necessary to do so for purposes of execution of the scheme. Kaisa Ho Furniture Entry ko anavashyak aur bhari-bharkam furniture se mukt rakhna chahiye.
Thereafter learned members of the Privy Council went on to conclude that as the provisions of the Land Acquisition Act stood incorporated in the Calcutta Improvement Act, any subsequent charge made in the Land Acquisition Act was not to affect the acquisition made in accordance with the provisions of the Land Acquisition Act as incorporated in the Calcutta Improvement Act.
Apne interior aur kamro ke color theme ka anusaran karte hue ese contrast rang de sakte hai. Ya aisi hi kai kalakratya laga sakte hai. Banaye Photo Wall Aap apne pravesh dwar ko upyogi sajavati, dono hi bana sakte hai, Ese tarah vaha rakhne ke liye jo saman chune, usme sirf sajawat hi nahi, upyog ka bhi dhyan rakhe.
In our view there is no substance in this submission, having regard to specialised nature of improvement schemes and the democratic participation in the process required in such cases.
Learned counsel for the petitioners next contended that if the aforesaid conclusion arrived at by the two Benches with regard to the effect of the provisions contained in Section 55 of the Adhiniyam be taken to be correct the said provision would suffer from the vice of discrimination forbidden by Article 14 of the Constitution and the provisions contained in the Adhiniyam with regard to acquisition of land would be rendered unconstitutional.
We now proceed to consider the question as to whether any of the provisions contained in the Adhiniyam relating to compulsory acquisition of land suffers from the vice of discrimination forbidden by Article 14 of the Constitution.
Viewed in this light it is difficult to say that the acquisition of land for purposes of various schemes envisaged by the Act which in the fact of it are meant for providing facilities in urban areas, can be regarded as a measure for agrarian reform. Provision for the assignment of land to a Panchayat for the use of the general community or for hospitals, school, manure, pits, tanning grounds enure for the benefit of the rural population and as such constitutes a measure of agrarian reform.
While repelling this submission, the Bench observed that the relevant provisions of the Schedule to the Adhiniyam states that the notification issued under the Adhiniyam shall be substituted for and have the same effect as publication of the notification under Sections 4 1 and 6 of the Land Acquisition Act.
Kuch gharo me pravesh dwar se ghuste hi aapko yah tay karna chahiye ki aap apne pravesh dwar ke baad ka hissa sirf sajavat ke liye upyog karna chahte hai ya ki use upyogi bhi banana chahte hai. Gupta, one of the learned councel who argued for the petitioners, the present case falls under first, second and third exceptions mentioned above and as such the general principle that amendment made in the law incorporated would not have any bearing on the law which makes the incorporation as laid down in the case of SECY.
This becomes necessary inasmuch as material rights of the parties to deal with their properties are affected by issuing of the notification under Section 4 of the Act. Learned counsel for the petitioner controverted the above submission made on behalf of the respondents by referring to the decision of the Supreme Court in the case of Minerva Mills Ltd.
While dealing with the legal implication and the provisions contained in Section 69 d of the Adhiniyam the Supreme Court cited with approval decision of the Privy Council in Hindustan Co-operative Insurance Society Ltd.
Learned counsel for the respondents cited before us the decision of the Supreme Court in the case of Sanjeev Coke Mfg.
Aajkal kai stylish shu rack bhi aa rahe hai, Jinka upyog yaha salike se kare, to vah sajavat ke saath upyogi bhi sabit hoga, ek stylish automon ya kursi bhi rakh sakte hai. It is apparent that in case it is held that by virtue of Section 55 of the Adhiniyam, the provisions of Land Acquisition Act as amended in its application to Uttar Pradesh, stood, subject to the modifications mentioned in the section, incorporated in the Adhiniyam, the Adhiniyam can safely be regarded as self contained Code dealing with acquisition of Land in connection with execution of a scheme formulated under the provisions of the Adhiniyam.
Agar shendeliar jaisa lagwa rahe hai, to ese farsh se saadhe 6 foot uncha hi rakhe taki uska prabhav acha aye. Article A 1 a of the Constitution lays down that "notwithstanding anything contained in Article 13no law providing for, the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Article 14Article 19 or Article How to write good research paper introduction journals How to write good research paper introduction journals college essay new york times financial aid contoh karangan eksposisi kata caption essay writing service cost south africa essay writing service jobs psychology.
Their validity cannot be tested on the analogy of the requirements of Section 4 1 or Section 6 1 of the Land Acquisition Act.
According to Section 32 1 of the said Adhiniyam whenever the Board or the State Government sanctions a housing scheme or improvement scheme, it has to be notified in the gazette and as per Sub-section 5 the Scheme sanctioned under the foregoing provisions either bv the State Government or by the Board comes into force on the date of its notification under Section 32 1 of the Adhiniyam.
As already indicated, the case before us is akin to the Privy Council case cited above and the principle enunciated by the Privy Council shall continue to govern it.
In the case of State of Madhya Pradesh v. The independent existence of the two Acts is therefore recognised; despite the death of the parent Act.About. Jazbaa “Naye Bharat Ke Nirmaan Ka", an event dedicated to create awareness and motivate corporate & resourceful people about the transforming economically weaker Youth into the technically skilled trained workforce with the vision to make NEW INDIA.
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