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Search Results Judgments > Act: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 ...

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 ...

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 ...

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' ...

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 ...

May 29 2003

Dr. B.L. Wadhera Vs. Govt. of NCT of Delhi and Ors.

  • Decided on : 29-May-2003

Court : Delhi

Reported in : 105(2003)DLT1; 2003(69)DRJ598; [2003]259ITR108(Delhi)

... Municipal Act, 1932 expressly states that even in a case of deemed permission, the applicant cannot execute the work 'so as to contravene any of the provisions of this Act or of Schedule VI or any rule or bye- law applying thereto.' In the opinion of this Court, considering the provisions of the local Acts, namely, New Delhi Municipal Council Act and Delhi Municipal Corporation Act, Safety Act ... his refusal to grant such permission, such permission shall be deemed to have been granted.22. Section 251 of the New Delhi Municipal Council Act, 1994 is a similarly worded provision. New Delhi Municipal Council refers to Chairperson, while the Delhi Municipal Corporation Act refers to the Commissioner.23. As per bye laws 7.5.2, notice of completion is required to be given ... this Act or of Schedule VI or any rule or bye- law applying thereto.' In the opinion of this Court, considering the provisions of the local Acts, namely, New Delhi Municipal Council Act and Delhi Municipal Corporation Act, Safety Act, Safety Rules and the Building Bye Laws no one can execute the work so as to contravene the provisions contained in the local Acts ... Act. However, proviso to sub-Section (2) of Section 346 refers to deeming clause indicating that if the Commissioner fails within a period of thirty days after the receipt of the notice of completion to communicate his refusal to grant such permission, such permission shall be deemed to have been granted.22. Section 251 of the New Delhi Municipal Council Act ...

Oct 15 1999

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

  • Decided on : 15-Oct-1999

Court : Supreme Court of India

Reported in : AIR2000SC2017; 1999(5)SCALE154; (2000)2SCC679

... 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) and the New Delhi Municipal Council (the NDMC) constituted under the New Delhi Municipal Council Act, 1994 (New Delhi Act) are wholly remiss in the discharge of their duties under law. It ... Municipal Corporation of Delhi through the Commissioner, NDMC through its Chairman and the Cantonment Board through its Executive Officer and all other officials concerned 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, the New Delhi Municipal Council Act, 1994 and the Cantonments Act ... new-found clean city of Surat. This shows what one man as the head of an organisation, like the Municipal Corporation, with selfless zeal, initiative and dedication and without allowing any outside interference can achieve by motivating his employees to clean up the city while acting fairly, justly and efficiently within the four corners of the law. 11. In Delhi ... MCD and the NDMC Acts. There are a 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 wards and for ...

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 ...

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