Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rajasthan Municipalities |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Rajasthan Municipalities Act, 1959 (38 of 1959) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rajasthan Municipalities Act 1959 [as amended by the Rajasthan Municipalities Amendment Act 1999 (Act No. 19 of 1999)) - s.173-A - Interpretation of - Power of the State Government to allow change in use of land on payment of conversion charges - Respondents filed application on 16.7. 2003 for change of land use from residential to commercial - Corporation issued public notice inviting objections - Later, the Land Use Committee met and approved the conversion for which a demand notice was raised by the Corporation on 2.4.2004 - Validity of the demand - Challenge to - High Court following the judgment of Supreme Court in Pareshar Soni's case held that the Municipal Corporation was not empowered to demand any amount for change of use of the land - Whether the judgment in Pareshar Soni's case would apply to the demand notices issued by the Municipal Corporation on the basis of s.173-A, as amended by Act No. 19 of 1999 - Held: High Court erred in applying the judgment in Pareshar Soni's case which was dealing with the un-amended provision of s. 173-A - In terms of the un-amended s. 173-A(1), conversion for change of Land Use charges could only be realized if the land was allotted by the Municipality or the State Government and there was a condition for restraining use for a particular purpose only - Therefore, in the absence of land being allotted by the State Government/ Municipality and in absence of any specific stipulation regarding use of land, the conversion charges could not be claimed - This was the ratio laid down in Pareshar Soni's case interpreting the un-amended s. 173-A -The Legislature, with a view to ensure planned and regulated development of the urban area felt it necessary to charge for the change of use in certain circumstances of those lands which were not sold or allotted by municipality or by the State Government - Further it also felt that such a change of user be permitted only "in public interest" -Amendment was necessitated since the State Legislature thought the provision of s.173-A (un-amended) stood as an impediment for proper planning of urban areas - With a view to ensure planned and regulated development of urban areas, it was felt that some restrictions have to be imposed and it was for that purpose that s. 173-A was amended - In the case at hand, the demand was legal and valid and in accordance with the provisions of s. 173-A, as inserted by Amendment Act 19 of 1999 read with the 2000 Rules - Rajasthan Municipalities (Change of Land 0 Use) Rules, 2000 - Rule 4(1). |
Judge | N/A |
Neutral Citation | 2013 INSC 17 |
Petitioner | Municipal Corporation Rajasthan |
Respondent | Sanjeev Sachdeva And Others |
SCR | [2013] 1 S.C.R. 220 |
Judgement Date | 2013-01-08 |
Case Number | 240 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |