Search Results for "declaration under section 126"

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Search Results for "declaration under section 126"

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High Court

High Court of Karnataka Allows Writ Petition Quashing Summons Issued Under Section 126 BNSS for Non-Compliance with Procedural Safeguards. The Court Holds That Executive Magistrate Must First Pass Order Under Section 130 BNSS Before Issuing Summons.

15 Dec 2025

The writ petition before the High Court of Karnataka challenged the summons dated 30.09.2025 issued by the Executive Magistrate (Respondent No.3) unde...

Supreme Court

"Supreme Court of India Resolves Complexities in Taxation of Mineral Rights" "Judgment Clarifies Legislative Powers and the Nature of Royalty in Mining Sector"

25 Jul 2024

The Supreme Court of India addressed a significant dispute regarding the distribution of legislative powers between the Union and the States, specific...

Supreme Court

Supreme Court Upholds Penalty for Excess Load Consumption as Unauthorised Use of Electricity Under Section 126 of Electricity Act, 2003 — Assessment at Twice the Higher Tariff Applicable for the Category of Use, Not Consumer's Category. The court held that consumption in excess of connected load constitutes unauthorised use under Explanation (b)(iv) and assessment under Section 126(6) must be at twice the tariff for the category for which electricity was unauthorisedly used.

9 Dec 2022

The case involves a batch of appeals by the Kerala State Electricity Board (KSEB) against a judgment of the Kerala High Court which held that for unau...

High Court

Bombay High Court Holds Land Owner's Consent Essential for Mode of Acquisition Under Section 126(1) MRTP Act — TDR Grant Requires Agreement, Not Unilateral Authority Action. The Court ruled that the option between monetary compensation and TDR under Section 126(1) of the Maharashtra Regional and Town Planning Act, 1966 is not solely with the acquiring authority but requires the consent of the land owner.

25 Jul 2022

This judgment arises from a reference made by a Division Bench of the Bombay High Court at Nagpur, which disagreed with the view taken in Asha Sunil Z...

High Court

Bombay High Court Allows Declaration of Lapsed Reservation Under Section 127 of MRTP Act for Land Reserved for Public Primary School Extension. The court held that failure to acquire land within 10 years of purchase notice results in deemed lapse of reservation.

25 Sep 2020

The petitioner, Ramakant Vasudeo Pai, owned land bearing Survey No. 21/2/C, admeasuring 1,170.92 square meters, situated at Lonavala, Pune. The land w...

Supreme Court

Supreme Court Allows Appeal in MRTP Act Reservation Lapse Case — Purchaser Entitled to Benefit of Prior Owner's Section 49 Notice. Reservation Lapses Under Section 49(7) of Maharashtra Regional and Town Planning Act, 1966 When No Acquisition Within One Year of Purchase Notice, and Benefit Enures to Subsequent Purchaser.

14 Feb 2020

The Supreme Court allowed the appeals against the Bombay High Court's order which had disposed of the writ petition filed by the appellants, purchaser...

High Court

High Court of Bombay Declares Reservation Lapsed Under Section 127 of MRTP Act Due to Non-Acquisition Within Statutory Period. Non-acquisition of Reserved Land Within Ten Years from Development Plan Coming into Force and Further Twelve Months After Purchase Notice Triggers Automatic Lapsing Under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.

29 Mar 2019

The dispute arose from the reservation of the petitioners' land in Solapur under the Development Plan 1997-2017 for a Children's Play Ground. The Deve...

High Court

Full Bench of Bombay High Court Considers Whether Section 24(2) of RFCTLARR Act Lapses Acquisitions Under MRTP Act — Reference to Determine Interplay Between Central and State Land Acquisition Laws. The core issue was whether acquisition proceedings initiated under Sections 125-127 of the Maharashtra Regional and Town Planning Act, 1966 fall within the lapsing provision of the 2013 Central Act.

13 Oct 2017

The matter before the Full Bench of the Bombay High Court arose from three writ petitions filed by landowners whose lands were acquired under the prov...

High Court

High Court Examines Whether Minister Can Drop Land Acquisition After Award and Dismissal of Landowner’s Challenge. Matter Concerns Section 48 of Land Acquisition Act, 1894 and Power of Acquiring Authority to Object.

6 Oct 2017

The petitioner, City & Industrial Development Corporation (CIDCO), acting as the New Town's Development Authority under the Maharashtra Regional & Tow...

Supreme Court

Supreme Court Hears Appeal Against Bombay High Court Order Directing Grant of Amenity TDR for Garden Development. High Court Allowed Writ Petition Challenging BMC's Denial of TDR and Directed Grant of Additional Amenity TDR Under Section 126 of MRTP Act.

1 Jan 1970

The dispute centers on the entitlement to additional amenity Transferable Development Rights (TDR) for a garden developed on land reserved for a publi...

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