Sale, Management and Transfer) Act, 1963 (' MOFA') and the Mumbai
Metropolitan Region Development Authority Act, 1974 ("MMRDA Act").
2. The reliefs ... present case. The
Developer and MMRDA relied upon Section 31 read with Schedule II, Clause II of
MMRDA Act which expressly excludes the application
Development Authority primarily known as MMRDA
is a local authority created by the Govt. of Maharashtra by enacting
MMRDA Act, 1974. Being the Local Authority ... placed on the following
clauses of the MMRDA --
a. As per the preamble of the MMRDA Act (Pg. 5 of PB), the
Appellant has been
MMRDA Act, MRTP Act and the
Maharashtra Housing and Area Development Act, 1976 (for
short, "the MHAD Act".) That carries a distinct meaning ... complete representation,
MMRDA cannot be performing any suplemental role also. The
position of the MMRDA, the object and purpose of the MMRDA
Act having
MMRDA Act, MRTP Act and the
Maharashtra Housing and Area Development Act, 1976 (for
short, "the MHAD Act".) That carries a distinct meaning ... complete representation,
MMRDA cannot be performing any suplemental role also. The
position of the MMRDA, the object and purpose of the MMRDA
Act having
MMRDA Act, MRTP Act and the
Maharashtra Housing and Area Development Act, 1976 (for
short, "the MHAD Act".) That carries a distinct meaning ... complete representation,
MMRDA cannot be performing any suplemental role also. The
position of the MMRDA, the object and purpose of the MMRDA
Act having
MMRDA. Last but not the least, the MMRDA
contends that by virtue of Clause (9) of the First Schedule to MRTP Act, any
suit against ... apply to
the MMRDA. This aspect is also to be found in Schedule-II read with Section
31 of the MMRDA Act, On behalf
referring to the provisions of MMRDA Act
and Maharashtra Regional and Town Planning Act, 1966 (MRTP Act).
The submissions made before the ld. Assessing Officer ... extracted below:
"X) As per the MRTP Act, while acting as SPA, the assessee is acting as an
agent of the Government.
The assessee
Section 31 of Mumbai Metropolitan Region Development Authority Act,
1974 (MMRDA Act) has no application to the present case. That there is
clear distinction between ... language used in Schedule II, Clause II of
the MMRDA Act and Section 190 of the MHADA Act. That in any case
the judgment
Metro Railways (Construction of Works) Act, 1978 (Metro
Act 1978) shall apply to the city of Mumbai. MMRDA
5/43
::: Uploaded on - 30/03/2023 ... parties namely The Metro Railways (Operations and
Maintenance) Act, 2002 (Metro Operations Act 2002).
This Act essentially deals with operation and maintenance of
a metro
Metro Railways (Construction of Works) Act, 1978 (Metro
Act 1978) shall apply to the city of Mumbai. MMRDA
5/43
::: Uploaded on - 30/03/2023 ... parties namely The Metro Railways (Operations and
Maintenance) Act, 2002 (Metro Operations Act 2002).
This Act essentially deals with operation and maintenance of
a metro
