Introduction
Acquisition of land is a right inherent in every sovereign to take all appropriate private property belonging to individual citizens for public use. This right, which is described as Eminent Domain in the American Law, is liken the power of taxation and off-spring of political necessity, and it is supposed to be based upon an implied reservation by Government that private property by its citizens under its protection may be taken or its use for public benefit irrespective of the wishes of the owner. Article 31(2) of the Constitution...
Tuesday, 2 July 2013
Land Uses & Terminology in Mumbai
I. Introduction
Real estate is a sector which touches almost everyone’s life. One often comes across concepts such as land reservation, nature of land, etc., while dealing with the real estate sector. Further, while dealing with taxation issues connected with real estate, such as s.80-IB(10), knowledge of these terms is of immense value. The types of uses for which land in Mumbai can be used are explained in the Development Control Regulations for Greater Bombay, 1991 (“the DC Regulations”). The Regulations have been framed under...
Administrative instructions
Administrative instructions:
Over fifty years back Holmes J in Bain Peanut Company of Texas V Dave Pinson (1930) 75 Law Ed.482 at page 491 said that “we must remember that the machinery of the Government would not work, if it were not allowed a little play in its joints. We should not allow administrative or executive efficiency to flounder on the rock of avoidable technicality. It is well to remember that administrative and executive efficiency or exigency should not be too readily sacrificed”. Such should be the result, if the instruction...
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