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Search Results Judgments > Act:new delhi municipal council 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 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 ...

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 ...

Feb 20 2007

New Delhi Municipal Council Vs. P.P. Garg and Anr.

  • Decided on : 20-Feb-2007

Court : Supreme Court of India

Reported in : 138(2007)DLT398(SC); JT2007(3)SC591; 2007(3)SCALE253

... , J.1. Leave granted.2. The New Delhi Municipal Committee was constituted under the Punjab Municipal Act, 1911. It was later on renamed and reconstituted as the New Delhi Municipal Council by virtue of the New Delhi Municipal Council Ordinance notified on 25th May, 1994, which was later on replaced by the New Delhi Municipal Council Act, 1994 with effect from 5th July 1994. The work force of the New Delhi Municipal Council (hereinafter referred to as the 'NDMC' ... itself, which forms part of the Electricity Wing. 5. Mr. Rakesh Khanna, learned senior counsel appearing for the NDMC, repeated the stand taken on behalf of NDMC before the Delhi High Court. He admitted that the writ petitioners-respondents herein, had been appointed in the initial stage in the Auto Workshop of NDMC, which admittedly formed part of ... Civil Wing, and notwithstanding the posting of the writ petitioners-respondents in the Auto Workshop, they were part and parcel of the Civil Wing. Mr. Khanna submitted that the Delhi High Court had proceeded on the erroneous assumption that since the writ petitioners-respondents had been posted in the Auto Workshop even after their promotion to the post ... their promotional post of Assistant Engineer ( E & M) with effect from the date of their respective promotions. By his judgment dated 21st August, 2003, the Single Judge of the Delhi High Court allowed the writ petition upon holding that since the auto workshop of the NDMC had been held by this Court to be part and parcel of ...

Apr 28 2003

Indian Red Cross Society Vs. New Delhi Municipal Committee and Ors.

  • Decided on : 28-Apr-2003

Court : Supreme Court of India

Reported in : 2003(3)AWC2529(SC); 104(2003)DLT566(SC); JT2003(4)SC280; 2003(4)SCALE357; (2003)5SCC545; [2003]3SCR987

... in respect of properties in Delhiwas imposed under the Punjab Municipal Act, 1911. ThePunjab Act was repealed by the New Delhi Municipal CouncilAct, 1994 (briefly the NDMC Act) as far as New Delhi isconcerned with effect from the day that the respondent No. 1Council was established under Section 3 read with Section416(1) of the latter Act. According to the appellant it had tillthat time, ... StateGovernment to grant exemption in the circumstancesprescribed. The 'Committee' has been defined in Section 3(4)as the Municipal Council or a Nagar Panchayat, as the casemay be constituted under Section 12 of the Act. Section 70 ofthe Punjab Act provided for the 'Power of the Committee inregard to taxes'. Sub-section (2) of Section 70 provided:'A Committee ... the Municipal Corporation'sappeal holding that in view of the mandatory provisions ofSection 115(4) of the New Delhi Corporation Act, exemptionfrom the payment of property tax could not be allowed inrespect of the area which was rented out or not occupied by theTrust itself for charitable purposes within the meaning of the1957 Act. The further appeal of the Municipal ... the New Delhi Corporation Act, exemptionfrom the payment of property tax could not be allowed inrespect of the area which was rented out or not occupied by theTrust itself for charitable purposes within the meaning of the1957 Act. The further appeal of the Municipal Corporationbefore the Court was dismissed. It is to be noted that the Courtwas only considering the Municipal ...

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 17 2004

New Delhi Municipal Council through its Director (Personnel) Vs. Kaney ...

  • Decided on : 17-Sep-2004

Court : Delhi

Reported in : 114(2004)DLT26; 2004(76)DRJ698

... respect of the post held by the Respondent/workmen.2. The New Delhi Municipal Committee (NDMC) was constituted by the Punjab Municipal Act, 1911. It has been renamed and reconstituted as the New Delhi Municipal Council by virtue of the New Delhi Municipal Council Act, 1994.3.NDMC is a compact unit providing civic services to the residents of New Delhi. These services include the supply of water and electricity. NDMC ... accepted the Report of the Third Pay Commissioner. Another local body, namely, the Municipal Corporation of Delhi (MCD) constituted under the Delhi Municipal Corporation Act, 1957 also accepted the Report of the Third Pay Commissioner. However, the technical staff of one of the constituents of MCD, that is, Delhi Electric Supply Undertaking (DESU) claimed higher scales of pay. To consider their ... 32 of the Constitution of India, it would not be in the interest of justice to go into the matter on merits. We direct that Central Industrial Tribunal, New Delhi shall decide the question after hearing the parties. The Tribunal shall also permit the parties to lead evidence and place additional documents on the record. The Tribunal ... , on 27th July, 1988 an order was passed by the Assistant Secretary (Health) of NDMC extending the benefit of SSC pay scales to another 8 categories of municipal workers since they formed a common cadre of sweepers. These categories of employees are as follows:- (i) Lorry Beldars (ii) Dumping Ground Beldars (iii) Bhisties (iv) Rat Catchers ...

Sep 06 1996

Manju Bhatia Vs. New Delhi Municipal Council

  • Decided on : 06-Sep-1996

Court : Delhi

Reported in : 1996IVAD(Delhi)141; 63(1996)DLT894; 1996(39)DRJ58

... New Delhi Municipal Council Act, 1994 and are recognised as such by the respondent Ndmc by acceptance of transfer duty charges. The demolition order passed was vitiated, illegal and without jurisdiction in the absence of the show cause notice under Section 247 of the New Delhi Municipal Council Act.' Learned counsel for the appellants relies on the definition of 'owner' as given in the Ndmc Act as ... as per the definition of 'owner' given .in the New Delhi Municipal Council Act, 1994 and are recognised as such by the respondent Ndmc by acceptance of transfer duty charges. The demolition order passed was vitiated, illegal and without jurisdiction in the absence of the show cause notice under Section 247 of the New Delhi Municipal Council Act. ii. The demolition order does not give reasons and ... illegal and without jurisdiction in the absence of the show cause notice under Section 247 of the New Delhi Municipal Council Act.' Learned counsel for the appellants relies on the definition of 'owner' as given in the Ndmc Act as well as in the Dmc Act, to urge that the same is wide enough to include persons, such as the appellants, who are ... in the case titled Pawan Pratap & Anr. v. New Delhi Municipal Council (Civil Writ Petition No.2785/96 decided on 5.8.1996, held as under: 'As regards the contention about the non-issuance of notice to the petitioners, it would suffice to say that under Section 195 of the Punjab Municipal Corporation Act if any construction had been raised without sanction ...

Feb 15 2000

Almitra H. Patel and Anr. Vs. Union of India (UOI) and Ors.

  • Decided on : 15-Feb-2000

Court : Supreme Court of India

Reported in : JT2000(2)SC341; 2000(1)SCALE568; (2000)2SCC166; [2000]1SCR841

... city is virtually an open dustbin. Garbage strewn all over Delhi is a common sight. The Municipal Corporation of Delhi (the MCD) constituted under the Delhi Municipal Corporation Act, 1957 (Delhi Act) and the New Delhi Municipal Council (the NDMC) constituted under the New Delhi Municipal Council Act, 1994 (New Delhi Act) are wholly re-miss in the discharge of their ... Municipal Corporation of Delhi through the Commissioner, NDMC through its Chairman and the Cantonment Board through its Executive Officer and all other concerned officials including Sanitation Superintendents/Chief Sanitary Inspectors/Sanitary Inspectors/Assistant Sanitary Inspectors/Sanitary Guides/Medical Officers to ensure that the relevant provisions of the DMC Act, 1957, New Delhi Municipal Council Act, 1994 and the Cantonments Act ... Delhi are suffering from respiratory diseases and throat infections. River Yamuna - the main source of drinking water supply - is the free dumping place for untreated sewage and industrial waste. Apart from air and water pollution, the city is virtually an open dustbin. Garbage strewn all over Delhi is a common sight. The Municipal Corporation of Delhi (the MCD) constituted under the Delhi Municipal Corporation Act, 1957 (Delhi Act ... NDMC Acts. There are large number of retired government officials and ex-defence officers who have held responsible posts and are living in Delhi who, we are sure, will be willing to act as such Magistrates. Delhi is divided into a number of Municipal ...

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 ...

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