Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 267 1966 Grant of land for non-commercial purpose Maharahstra Land Revenue Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharahstra Land Revenue Code, 1966-Section 267-Grant of land for non-commercial purpose-With condition that if used for commercial purpose permission for the same to be sought subject to payment of 50% of C the net profit-Demand of 50% of net income raised alleging violation of the condition-Writ Petition-Dismissal of-On appeal, held: The condition stipulated payment of 50% of net profit not net income-Matter remanded to Collector for determining 'net profit'-'net profit' has to be adopted as commercially understood. Words and Phrases: 'Profit'-Meaning of in the context of Maharashtra Land Revenue Code, 1966. D Respondent-State leased out certain land to appellant No. 1. One of the conditions for the grant, clearly stipulated that if lessee utilized any area specifically set up for non-remunerative activities for any remunerative purposes, it had to take prior approval of the Authorities and if granted, the same would be subject to payment of 50% or "net profit". Respondent demanded from appellant No.1, 50% or the net income alleging that the terms and conditions were violated. Thereafter notice of recovery was issued. The appellant filed Writ Petition which was dismissed by High Court on the ground that the quantum or amount as demanded was correct and that adequate opportunity was granted to the appellant to have their say. In appeal to this Court appellant contended that requirement or the condition was not payment or 50% or the net income, but 50% or 'net profit' and the materials on record show no profit. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 303 |
Petitioner | Mahila Vikas Mandal Colaba And Ors. |
Respondent | The State Of Maharashtra And Anr. |
SCR | [2005] Supp. (1) S.C.R. 753 |
Judgement Date | 2005-07-21 |
Case Number | 4399 |
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