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Search Results Judgments > Phrase:new delhi municipal council act

May 19 2004

Tanvi Trading and Credit Pvt. Ltd. and Ors. Vs. New Delhi Municipal Co ...

  • Decided on : 19-May-2004

Court : Delhi

Reported in : 112(2004)DLT1

... New Delhi Municipal Council Act, 1994. Even in the said judgment, the Court was considering the DDA Act and the guideline issued by the Central Government under the said Act. Even the appellate authority has taken into consideration the said Division Bench judgment of this Court which was prior to coming into force of NDMC Act, 1944 when Punjab Municipal Act, 1911 was in force. After the New Delhi Municipal Council Act ... Supreme Court in Chet Ram Vashisht v. Municipal Corporation of Delhi and Anr., : [1981]1SCR1073 , and Arun K. Saraf and Anr. v. Lt. Governor of Delhi, : 52(1993)DLT307 , and has contended that from the perusal of Sections 366 and 367 of New Delhi Municipal Council Act read with Section 241 of the New Delhi Municipal Council Act shows that the cases covered under ... 241 of the New Delhi Municipal Council Act, and thereforee, the same is without jurisdiction and void. It was contended by Mr. Gupta that respondent/NDMC has jurisdiction to reject the plan, as envisaged under Sub-section (2) of Section 241 of New Delhi Municipal Council Act. As adjudication of the controversy revolves around Section 241(2) of the NDMC Act, the same ... no other ground of rejection conveyed to the appellant as envisaged under 241(2) of the New Delhi Municipal Council Act.3. Mr. Gupta has contended that appeal was filed before the Lt. Governor under Section 256 of the New Delhi Municipal Council Act, 1994. The Lt. Governor also committed an error as the Lt. Governor reversed the finding of ...

Sep 18 2008

Salahuddin Qureshi Vs. NDMC

  • Decided on : 18-Sep-2008

Court : Delhi

Reported in : 153(2008)DLT771; 2008(106)DRJ627

... Municipal Council. Due to increase in population and more areas falling in its jurisdiction, the Parliament considered it necessary to form the Municipal Council for New Delhi. The Parliament passed the New Delhi Municipal Council Bill and the same received the assent of the President on 14.07.1994. It came into force as the New Delhi Municipal Council Act 1994 (44 of 1994). In the aforesaid background the said Act ... New Delhi Municipal Council Bill and the same received the assent of the President on 14.07.1994. It came into force as the New Delhi Municipal Council Act 1994 (44 of 1994). In the aforesaid background the said Act 44 of 1994 was deemed to have come into force on 25.05.1994 by virtue of Section 1(3) thereof. Consequently, from 25.05.1994 it is the Municipal Council ... New Delhi Municipal Council Act 1994 (44 of 1994). In the aforesaid background the said Act 44 of 1994 was deemed to have come into force on 25.05.1994 by virtue of Section 1(3) thereof. Consequently, from 25.05.1994 it is the Municipal Council and not the NDMC which has been in existence. The NDMC ceased to exist upon the constitution of Municipal Council ...

Oct 07 1996

New Delhi Municipal Council Vs. Motor Industries Co. Ltd.

  • Decided on : 07-Oct-1996

Court : Delhi

Reported in : 1997IIAD(Delhi)88; 65(1996)DLT257; 1997(40)DRJ738

... .1 filed an appeal under Section 84 of Punjab Municipal Act, 1911 before the Additional District Magistrate (N/E) (respondent No.2) an Officer empowered by the State Government in this behalf under Section 84(2) of the Act. The appeal is pending. On 25.5.94 came into force the New Delhi Municipal Council Act, 1994. An objection was taken before the respondent ... this behalf under Section 84(2) of the Act. The appeal is pending. On 25.5.94 came into force the New Delhi Municipal Council Act, 1994. An objection was taken before the respondent No.2 by the petitioner that the appeal now deserved to be dealt with under the provisions of the Ndmc Act, 1994. The objection has been over ruled by ... New Act. (22) The next question to be examined is when the Punjab Municipal Act, 1911 would cease to have effect in New Delhi. On the plain language of Section 416 (1) it would be the date of establishment of the Council. (23) `COUNCIL' is defined by Section 2(9) of the Ndmc Act to mean the New Delhi Municipal Council established under this Act. Section 3 obliges the Central Government to appoint a Council ... Municipal Act, 1911 would cease to have effect in New Delhi. On the plain language of Section 416 (1) it would be the date of establishment of the Council. (23) `COUNCIL' is defined by Section 2(9) of the Ndmc Act to mean the New Delhi Municipal Council established under this Act. Section 3 obliges the Central Government to appoint a Council by notification in the official gazette. The council ...

Dec 19 1996

New Delhi Municipal Committee Vs. State of Punjab, etc. etc.

  • Decided on : 19-Dec-1996

Court : Supreme Court of India

Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472

... Delhi Municipal Corporation area and the Delhi Municipal Corporation Act, 1957 was made applicable to it. In the year 1994, the Parliament enacted the New Delhi Municipal Council Act, 1994 repealing Punjab Municipal Act, 1911. This Act has been brought into force with effect from May 25, 1994. It is, however, confined in its application to the area comprised in the New Delhi Municipal Council. Delhi and New Delhi are thus governed by different municipal enactments. The Delhi Municipal Corporation Act and New Delhi Municipal Council Act ... Act, 1950), the Delhi Municipal Corporation Act, 1957 and the New Delhi Municipal Council Act, 1994 (both Parliamentary enactments) constitutes 'Union taxation' within the meaning of Article 289(1).PART - IV40. The Delhi Municipal Corporation Act, 1957, the Punjab Municipal Act, 1911 (as extended to the Union Territory of Delhi) and the New Delhi Municipal Council Act, 1994 (N.D.M.C. Act) specifically exempt the properties of the Union from taxation. Section 119 of the Delhi Municipal Corporation Act ...

Nov 27 2008

C.L. Devgun Vs. New Delhi Municipal Council and Ors.

  • Decided on : 27-Nov-2008

Court : Delhi

Reported in : 155(2008)DLT180

... the statutory provisions governing the functioning of the NDMC. The NDMC is constituted under Section 3 of the New Delhi Municipal Council Act, 1994 ('NDMC Act'). The NDMC is a unique body which has control over the relatively small area of 45 sq. kms of the capital city New Delhi. The monuments housing the key organs of the State - the Parliament, the Rashtrapati Bhavan, Offices of the Central ... the Delhi Municipal Corporation (Allowances of Councilors and Persons) Rules, 1958 the following picture emerged. MCD Councilors were paid a meeting allowance @ Rs. 300/- per meeting subject to a maximum Rs. 3000/- per month whereas members of the NDMC were paid Rs. 200 per meeting. Subsequently, NDMC members were paid Rs. 1000 per meeting in terms of Rule 3 of the New Delhi Municipal Council (Allowances ... whereas members of the NDMC were paid Rs. 200 per meeting. Subsequently, NDMC members were paid Rs. 1000 per meeting in terms of Rule 3 of the New Delhi Municipal Council (Allowances for Attending the Meetings of the Council) Rules, 2006 ('Meeting Allowance Rules') subject to a maximum of Rs. 3,000 per month. MCD Councilors were entitled to the telephone calls up to 2000 ... . Muralidhar, J.1. This petition, filed as a Public Interest Litigation ('PIL'), is by a former employee of the New Delhi Municipal Council ('NDMC') and seeks a mandamus to the NDMC to 'withdraw the facilities being provided to the non-official members' and for a declaration of 'all the facilities currently being enjoyed ...

Nov 30 2005

ARNIE Club Vs. NDMC and Anr.

  • Decided on : 30-Nov-2005

Court : Delhi

Reported in : 126(2006)DLT582

... the NDMC Act 1994 property taxed due under the Act, subject to the prior payment of land revenue are a first charge on the property.22. A perusal of the scheme of assessment under the Punjab Municipal Act 1911 and the New Delhi Municipal Council Act 1994 is that while framing the assessment for the first time the person whose name is entered in the municipal records as ... such alterations the same notice of the valuation and assessment as if a new assessment list had been prepared.18. Corresponding provisions are to be found in Section 70, 71, 72 and 73 of the New Delhi Municipal Council Act 1994.19. Sub-section 1 of Section 74 of the Punjab Municipal Act 1911 required that whenever title to a property is transferred, the transferor and ... , I may only note the decision of the Hon'ble Supreme Court reported as : [1996]3SCR1158 , MCD v. Trigon Investment and Trading Private Limited. Pari materia provisions under the New Delhi Municipal Council Act 1997 were being considered. It was held as under:-The property tax constitutes first charge upon the land/building and because the land/building is fastened with this liability, ... It was urged by Shri R.K. Aggarwal, learned Counsel for the petitioners that NDMC never issued, much less served a notice upon the petitioners under Section 72 of the New Delhi Municipal Council Act 1994 and thereforee all assessments pertaining to the two flats are null and void. Additionally, it was urged that the assessment order dated 4.3.1999 pertaining to the ...

Oct 09 2013

Delhi High Court Bar Association & Anr Vs. Govt of Nct of Delhi & Anr

  • Decided on : 09-Oct-2013

Court : Delhi

... New Delhi Municipal Council v. State of Punjab & Others. This case was concerned with the issue as to whether the properties of the States situated in the Union Territory of Delhi stood exempted from property taxation levied under the Municipal enactment which was in force in the Union Territory of Delhi. The question was as to whether the property taxation under two Municipal Acts, one being the Delhi Municipal Corporation Act ... us) 135. On the position of Delhi, the Supreme Court in New Delhi Municipal Council v. State of Punjab (supra) has further clearly stated thus: ?155...The third category is Delhi. It had no legislature with effect from 1-11-1956 until one has been created under and by virtue of the Constitution Sixty-Ninth (Amendment) Act, 1991 which introduced Article 239 ... New Delhi Municipal Council (supra) the court considered the impact of Article 239AA and the above principle was further expanded in its context in the following terms:?136. By the Constitution Sixty-Ninth (Amendment) Act, 1991, Article 239 AA was introduced in Part VIII of the Constitution. This article renamed the Union Territory of Delhi as the "National Capital Territory of Delhi ... by the 1963 Act. Union Territories are not States for the purposes of Part XI (Chapter I) of the Constitution...? 133. In para 145 above, the Supreme Court has relied upon the W.P.(C)No.4770/2012 page 71 of 531 Constitution Bench pronouncement in T.M. Kanniyan (supra).134. In New Delhi Municipal Council (supra), the ...

Nov 12 2008

H.K. Choudhary Vs. N.D.M.C. and Anr.

  • Decided on : 12-Nov-2008

Court : Delhi

Reported in : 155(2008)DLT267

... New Delhi Municipal Council Act, 1994 and when the Punjab Municipal Act was in force. Even if it were to be assumed that the construction originally raised was without obtaining a prior sanction, the construction is saved by Section 195 of the Punjab Municipal Act as no notice of demolition was issued within six months of the raising of the said construction. He relies on Municipal Corporation of Delhi ... reasoning adopted by the Division Bench in relation to the provisions of the Delhi Municipal Corporation Act in my view would apply with equal force to the provisions of the New Delhi Municipal Council Act. Neither Section 250 nor any other provision of the NDMC Act have retrospective operation. The aforesaid decision of the Division Bench of this Court in ... New Delhi Municipal Council Act, 1994 by the respondent on 27.06.2008 in respect of the petitioner's premises i.e. Choudhary Guests House situated at H-35/3, Connuaght Place, New Delhi. The impugned order reads as follows:Whereas the undersigned is satisfied that the following unauthorized construction has been carried out at Premises No. Choudhary Guest House, H-35/3, Connaught Place, New Delhi ... have completed the construction as described in Schedule 'A' given below at Premises No. H-35/3 Connaught Place, New Delhi without obtaining the approval from the Chairperson, NDMC as required under provisions of the New Delhi Municipal Council Act, 1994 and the Bye laws made there under: xx xx xx xx xxxxYou are hereby required to show ...

Apr 25 2003

The State Trading Corporation of India Ltd. Vs. New Delhi Municipal Co ...

  • Decided on : 25-Apr-2003

Court : Delhi

Reported in : 2003IVAD(Delhi)463; AIR2003Delhi295; 104(2003)DLT808; 2003(68)DRJ539

... heart by the respondent Council compelling a number of petitioners to approach this Court for redressal of the grievances.2. The petitioners before this Court are owners of properties located in the jurisdiction of New Delhi Municipal Council (NDMC) and are governed by the provisions of The New Delhi Municipal Council Act, 1994 (hereinafter to be referred as, 'the said Act'). There are both residential ... Act, 1988 for a period often years from thedate of completion of such construction.'11. It may also be noted that the Rent Act extends to the areas included within the limits of New Delhi Municipal Council, Delhi Cantonment Board and such urban areas within the limits of the Municipal Corporation of Delhi as are specified in terms of Sub-section (2) of Section 1 of the Rent Act ... New Delhi Municipal Council, Delhi Cantonment Board and such urban areas within the limits of the Municipal Corporation of Delhi as are specified in terms of Sub-section (2) of Section 1 of the Rent Act.12. The effect of the amendment was that premises, whether residential or not, whose monthly rent exceeded Rs. 3,500/- were taken outside the purview of the protection of the Rent Act ... of 1996 with other connected matters titled New Delhi Municipal Council v. M/s. New Delhi Hotels Ltd. decided on 10.12.2001. It may be noticed that the judgment was rendered in the absence of the Counsel for the assessed. In the said judgment also the effect of the amendment of the Rent Act was considered where the building is ...

Aug 28 2008

N.D.M.C. and Ors. Vs. Tanvi Trading and Credit Pvt. Ltd. and Ors.

  • Decided on : 28-Aug-2008

Court : Supreme Court of India

Reported in : 152(2008)DLT117(SC); JT2008(10)SC109; 2008(11)SCALE742; (2008)8SCC765

... Delhi at New Delhi in C.W.P. No. 4154 of 2000, whereby it is held that the order rejecting building plans submitted by the respondents is illegal as well as without jurisdiction and declared that the building plans submitted by the respondents, are deemed to have been sanctioned under Section 241(2) of the New Delhi Municipal Council Act, 1994 (for short 'NDNC Act'). Further, the New Delhi Municipal Council ... Delhi Development Act, 1957 and the New Delhi Municipal Council Act, 1994. Article 73 does not define what an executive function is, neither does it mention the matters over which the executive power is exercised. The extent defined in Article 73 is not exhaustive. The Union Government has power to issue executive directions relating to the matters dealt with under The DD Act, 1957 and The NDMC Act ... area. On July 27, 1993 objections were invited to the Zonal Development Plan whereas on May 25, 1994 the New Delhi Municipal Council Act, 1994 came into force.5. The Respondent Nos.1 to 9 purchased plot No. 47, Amrita Shergil Marg, New Delhi by a registered sale deed on October 28, 1994, in execution application which was filed pursuant to a decree ... Amrita Shergil Marg, New Delhi by a registered sale deed on October 28, 1994, in execution application which was filed pursuant to a decree passed in Suit No. 307 of 1993. The said plot was mutated in the name of Respondent Nos.1 to 9 on March 22, 1999. On 20.4.1998, the respondents approached the New Delhi Municipal Council ( 'the NDMC' ...

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