Respected Experts,
Section 19 of the Urban Land (C & R) Act, 1976 relates for the Chapter III of the Act not to apply for certain entities like Public Trusts, Banks, Co-operative Housing Societies.
Section 20 of the Urban Land (C & R) Act, 1976 relates for Power of the Government to exempt the vacant land from provisions of the Urban Land (C & R) Act, 1976.
In my area where I am residing, the Government without applying Section 20 granted exemption order directly under Section 19(1) (v) and declared that the Co-operative Housing Society was became the absolute owner holder of the land. No Scheme formulated. Developer supressed existence of other holders.While passing the order the Competent Authority overlooked existence of other holders other than the Co-operative Housing Society and exempted whole area of land from the said Act with the effect the Society is developing property by utilizing the quantum of TDR of whole land. The other holders excluded from the said development.
Kindly advice me whether Exemption order passed under Section 19(1) (v) of the Act by the Additional Collector, C.A. without passing order under Section 20 of the Act was wrong?
If it was wrong, can the said order (under Section 19 (1) (v)) be challenged under the provisions of present Repealed Urban Land (C & R)Act, 1976?
Regards,
Sadanand Panchal
Azhar Imam
11 October 2013 at 19:17
We have a thika tenancy property in West Benal (under Kolkata Municipal Corporation jurisdiction). The property is in the name of my father and my uncle who does not stay with us and hardly anyone knows him. We have been collecting rent for the past thirty years. I have two issues on which I would require expert opinion -
1. In 2012, we revised the rent with an increment of Rs 20 p.m for each tenant. The last rent revision was done ten years ago (Rs 5 pm). Two tenants refused to pay the increased rent and contested that the increment was very high and since then they have stopped paying the rent to us. We did not take any further action against them. I personally don't believe they are paying any rent to rent controller as we have not got any communication from the rent controller's office. What can be our stand now on this? Can we serve a notice of eviction on the ground of not having paid the rent for over a year?
2. One of the tenants mentioned (who is not paying rent since a year) above does not stay here now and only comes occasionally. He has himself admitted that he does not require the room, however says that his nephew/brother could come and stay periodically. Majority of the time, the room is locked. We are a family of six members (3 males,3 females - all adults) and have a room in the same property comprising of one room only. We are in a dire need of another room to at-least accommodate ourselves adequately. Since this tenant does not require the room, can we take the possession of the same? If yes, is there any specified sum of money that should be paid out to the tenant?
Thanks for reading this through, would really appreciate expert opinion on these issues. Thanks, Azhar
ashok khare
11 October 2013 at 18:28
Sir,
Applicant Member.
The Hon'ble Co-Op Court gave order in our favour, directed Respondent Society to comply all 4 prayers.
But the Respondent complied only 2 prayers.
We filed an Application for Decree.
Now Decree got.
Please guide us, now what legal steps should be taken against the Respondent Society.
KRISHNAMURARI
11 October 2013 at 17:49
Dear Sir,
If a person has continously filed return up to A.y. 2006-07 and in the year 31-3-2010 his shop is completely destroyed due to fire in premises and all the document everything destroyed. sir now what is to be done to make income tax file up to to current date.
can it be possible to access the copy of ITR filed in the last year or upto which year returns ar being filed by the assessee.
if yes pls reply with complete process
WARM Regards,
K I SHARMA
atul gupta
11 October 2013 at 17:20
dear sir,
i have a problem that excise department make liability of excise duty upon me based on the scanned bills and they resumed the hard disk without computer can you resolve my problem: that is the evidence of printouts from that hard disk which was resumed without computer are admissible in evidence and evidence act works for excise laws or not.
Sujith
11 October 2013 at 16:12
Dear experts,pls let me know in dv case if the wife withdraw the society on her will and after that she filed dv case against her husband that the husband deserted her becoz i have her written statement on a stamp paper i am attaching the same.
We have a woman employee in our company, she took leave from company because of pregnancy & now she has resumed company after 03 months of delivery. What Maternity benefit can she get? Also tell us if Yearly Leave of 30 days will still be applied to her as to other employees of company? Pls revert...
AJAY KUMAR AGRAWAL
11 October 2013 at 15:29
My friend is going to start Manpower Supply services in Properietorship / Partnership Firm. At present he has 15 persons. My query is if he needs any registration & if yes, with which authority. I feel that EPF, ESI & Contract Labour (R&A) Act are not applicable due to low number of persons. Also Service Tax is exempt upto service of Rs 10 Lacs. Please share your valuable views & correct me if I am wrong. Thanx
fm
11 October 2013 at 15:18
in mumbai society parking issue ,many members are holding multiple parking slots and we have no parking space ,had written to society but on deaf ear's / all members are bigshots hence all afraid /secretary also holds 2 parking slots / CAN WE GET PARKING SLOTS OR NO
Complaint under section 156(3)
Dear Sir, A person filed a false complaint under section 156(3) against me to harras me and with intention not to repay my money. Police report was in my favour. MM did not allow the complaint under sec 156(3) & asked the complainant to lead evidence. The complainant did not produce any evidence and also did not appear on 4 occassions. Finally MM dismissed the complaint and asked the file to be sent to record room after due compliance.
I would like to know Can the complainant again raise his head on the same matter under any provisions of law.