Court : Punjab and Haryana
..... surya kant, j. (oral) the petitioner-company seeks a mandamus to direct the respondents including the municipal corporation, gurgaon, not to create hindrance in the operationalization of special economic zone (sez) being developed by the petitioner-company under the haryana special economic zone act, 2005. the alleged hindrance pertains to the dispute raised by the municipal corporation, gurgaon, regarding title of a part of land where ..... sez is sought to be developed. the controvers.as to whether the land in dispute vests in gram panchayat, it being the shamlat deh, or is ..... rightfully owned by the proprietors of the village, can be adjudicated only by the collector's court under section 13 of the punjab village common lands (regulation) act, 1961, as applicable to the state of haryana ..... ensure that the parties concerned must maintain status-quo with regard to alienation and nature of the land till the dispute is resolved on merits. meanwhile, if its sez licence expires, needless to say that the petitioner may seek renewal on the plea that the matter in dispute is still pending consideration before the revenue court. ordered .....Tag this Judgment!
Court : Punjab and Haryana
..... .2003, the government of haryana in the department of industries, issued a notification under section 4 of the land acquisition act, 1894 (in short the act .), proposing to acquire large tracts of land in villages khandsa, narsinghpur, mahammedpur jharsa, gharauli khurd and hasaru, all in tehsil and district gurgaon, for the purpose of establishing the first phase of a special economic zone. the said notification is ..... authority, i.e. the commissioner-cum-director general education (schools), haryana on 27.09.2005, established a high school by the name of m.d.s. public high school which is also stated to have been granted provisional affiliation by the ..... attest to the accuracy and integrity of this document chandigarh cwp no.4134 of 2013 -8- establishment of a high school from class 1 to class 10, on 27.09.2005, after which these classes are running in the school. it is also the specific stand of the petitioners that provisional affiliation from the academic year 2007-08 up till academic ..... district primary education officer, gurgaon on 21.12.2001.3. thereafter, the first petitioner and his brother got registered the educational society which is petitioner no.2, on 13.05.2005. upon such registration, the land was leased out by the first petitioner and his brother to the society and thereafter, as per the petition, upon obtaining permission from the competent .....Tag this Judgment!
Court : Supreme Court of India
..... a 4620 mw coal-fired power plant at mundra, district kutch, gujarat. on 23.06.2005, the special economic zones act, 2005 [ sez act ]. was enacted. section 26 of this act provides that every developer shall be entitled to various exemptions, such as duty leviable under the customs act, 1962, customs tariff act, 1975, central excise act, 1944, etc. the government of india approved the respondent as a co-developer (which is ..... section xvii s u p r e m e c o u r t o f i n d i a record of proceedings civil appeal no.5865/2018 uttar haryana bijli vitran nigam ltd.(uhbvnl) & anr. versus appellant(s) adani power ltd. & ors. respondent(s) with c.a. no.6190/2018 date :25. 02-2019 these appeals were called on ..... haryana discoms ]., which are distribution licensees in the state of haryana. the appellant in civil appeal no.6190 of 2018 is the gujarat urja vikas nigam ltd. [ guvnl ]., which ..... of india civil appellate jurisdiction civil appeal no.5865 of2018uttar haryana bijli vitran nigam ltd. [uhbvnl]. & anr. appellants versus adani power ltd. & ors. respondents with civil appeal no.6190 of2018judgment r.f. nariman, j.1. the appellants in civil appeal no.5865 of 2018 are uttar haryana bijli vitran nigam ltd. and dakshin haryana bijli vitran nigam ltd. [collectively referred to as the .....Tag this Judgment!
Court : Chennai
..... that the government of puducherry has no competence to proceed with the acquisition. lands for special economic zone are to be identified and approved by the committee constituted under special economic zones act, 28 of 2005. existing schemes are also covered under the ambit of the act. the committee constituted under the enactment has to work out the feasibility of such schemes ..... 9. the learned counsel appearing for the petitioner has submitted that the union territory of puducherry had issued a notification under the old land acquisition act, after invoking emergency provisions, for special economic zone. the petitioner's lands to an extent of 3 kanies and 20 kuzhies in setharapet village, puducherry, are the subject matter of the ..... proceedings during 2005. immediately, he had made a representation to the hon'ble chief minister to discharge the subject lands from the acquisition proceedings. actually, the subject lands have not been required for the purpose of special economic zone. the acquisition proceedings have been initiated by the respondents, without following the procedures of land acquisition act and the ..... 11.03.2005 and quash the same as illegal, incompetent, unconstitutional and without jurisdiction.) 1. the petitioner has submitted that the union territory of puducherry had notified in the impugned order to acquire the petitioner's lands for special economic zone, and notification under section 4 read with section 17(a) of the land acquisition act, dispensing with .....Tag this Judgment!
Court : Chennai
..... to test the correctness of the above contention, it is necessary to take a look at sections 26 and 30 of the special economic zones act, 2005, which is a central enactment and sections 12 and 15 of the tamil nadu special economic zones act, 2005. section 26(1) of the central enactment and section 12(1) of the state enactment grants exemption to every developer ..... , the petitioner was the actual importer of the original components. but, since the petitioner was located in a special economic zone, they enjoyed the protective cover provided the statutory scheme of the special economic zones act, 2005. the moment the petitioner removed the goods from the special economic zone to the domestic tariff area, the protective cover was withdrawn. 64. what was cleared by the ultimate purchaser, ..... as held by the allahabad high court in india exports v. state of u.p. [(2012) 21 taxmann.com 595 (all.)], the legal fiction created under the special economic zones act, 2005 as though a special economic zone is a territory outside the territory of india, cannot be extended beyond its purpose. the phrase used in section 9-a of the customs tariff ..... ) and the case on hand, by contending that the revision petitioner is actually located in a special economic zone and that they are not liable to pay even the basic customs duty and countervailing duty, in view of the provisions of the special economic zones act, 2005. therefore, it is his contention that the sale and supply of goods made by the revision .....Tag this Judgment!
Court : Chennai
..... an answer to the first question, it may be necessary to take note of the scheme of the special economic zones act, (central enactment) and the scheme of the tnsez act, 2005. 18. the parliament enacted the special economic zones act, 2005 with a view to provide for the establishment, development and management of special economic zones for the promotion of exports and for matters connected therewith or incidental thereto. section 3(1) of ..... the actors, but on the activity. 66. in a special economic zone, the actors are conferred with certain benefits, under section 12(1) of the tamil nadu special economic zones act, 2005. this is seen from the fact that section 12(1) of the tamil nadu sez act speaks only about "developer or entrepreneur". section 12(1) of the tamil nadu special economic zones act, 2005, does not exempt the activities, but exempts the developer ..... section 28 of the tamil nadu sez act vis-a-vis section 12 of the tamil nadu vat act, 2006. we have already extracted section 12 of the tamil nadu sez act, 2005 in paragraph 34. section 28 of the tamil nadu sez act, 2005 reads as follows: "the provisions of this act shall be in addition to and not in derogation of the special economic zones act, 2005 and shall have effect notwithstanding anything .....Tag this Judgment!
Court : Kerala
Reported in : 2006(1)KLJ39
..... .1. a union of workers stated to be representing workers working in the special economic zones in kakkanad governed by the special economic zones act 2005 is the petitioner herein. the petitioner challenges ext. p1 circular issued by the development commissioner appointed under the special economic zones act 2005, in respect of issue of photo security passes in the cochin special economic zone (csez) on the ground that it is illegal, arbitrary, erroneous, and against the ..... ensure that proper authorized personnel only shall enter the csez with the provisions of the special economic zones act, 2005 as also the rules made thereunder.3. before going into the contentions of the parties i may recapitulate the relevant provisions of the act and rules. under section 53 of the special economic zones act 2005 a special economic zone is deemed to be a territory outside the customs territory of india for the ..... containing such particulars as may be prescribed.4. in exercise of the powers conferred under section 55 of the special economic zones act, 2005 the central government has made the special economic zones rules 2006. under rule 11 the development commissioner is the authority for demarcating the areas falling within the special economic zone. under rule 11(4) authorizes person shall only be allowed to enter the processing area of the .....Tag this Judgment!
Court : Kolkata
..... to reimbursement of cst for purchases made from sezs. in addition to such contention, learned advocate for the respondents has relied upon section 53 of the special economic zones act, 2005 and rule 46(13) of the special economic zones rules, 2006.5. i have considered the rival contentions of the parties and the materials made available on record.6. three show-cause cum demand notices ..... an export oriented unit (eou). the first petitioner is carrying on manufacturing activity since 2006. it was receiving central sales tax (cst) refund from the development commissioner, falta, special economic zone. the first petitioner is entitled to reimbursement in terms of the foreign trade policy framed by the director general of foreign trade, under the ministry of commerce, government of india ..... 2009-2014. he has submitted that, the contention of the respondents is that, the first petitioner had purchased goods from reliance industries limited and that, such vendor is a special economic zone (sez) unit and not a domestic tariff area (dta) unit as per paragraph 9.21 of the ftp, 20092014. according to the authorities, dta and ..... in such judgment. the petitioner is, therefore, entitled to the reimbursement as claimed.4. learned advocate for the respondents has submitted that, the petitioners have procured the goods from sez unit. under the ftp, 2009-2014 particularly paragraph 6.11 thereof, an eou unit will be entitled to reimbursement of cst on goods manufactured in india. the supply received .....Tag this Judgment!
Court : Chennai
..... .2011 proposing to revise the assessment order passed for the assessment year 2010-2011 on the ground that the petitioner has not included the add payable under section 30 of special economic zone act, 2005 in the sale value of goods. inspite of objections filed by the petitioner, by an order dated 21.10.2011, the respondent confirmed the proposals and revised the assessment order .....Tag this Judgment!
Court : Karnataka
Reported in : ILR201OKAR3980
..... the act. the government of karnataka, decided to form special economic zone at mangalore and the necessary land was acquired through the machinery of the karnataka industrial areas development board for the said purpose ..... have contended that mangalore sez limited is a public limited company registered under the provisions of the companies act. 1956 its main object is to establish and develop special economic zones, economic trading tones, trading zones and industrial estates and other infrastructural facilities and other objects as mentioned in the memorandum of association of the company. the special economic zones act. 2005. has enabled the governments to establish special economic zones under die provisions of ..... has also noted that appropriate compensation is payable for acquired lands. the lands in question are situated in the middle of the lands proposed for sez (special economic zone). thereafter, final notification was issued under section 28(4) of the act dated 30.11.2009 (annexure -p'). the final notification dated i8.12.2006 was issued by the first respondent in respect of other lands .....Tag this Judgment!