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Documents citing State Of M.P vs Narmada Bachao Andolan & Anr on 29 September, 2011

Rajeev Suri vs Union Of India on 5 January, 2021

“52. … The courts have repeatedly held that the government policy can be changed with changing circumstances and only on the ground of change, such policy will not be vitiated. The Government has a discretion to adopt a different policy or alter or change its policy calculated to serve public interest and make it more effective. Choice in the balancing of the pros and cons relevant to the change in policy lies with the authority. But like any discretion exercisable by the Government or public authority, change in policy must be in conformity with Wednesbury [Associated Provincial Picture Houses Ltd. v. Wednesbury Corpn., (1948) 1 KB 223 : (1947) 2 All ER 680 (CA)] reasonableness and free from arbitrariness, irrationality, bias and malice.” (emphasis supplied) 270 (supra at 133) 137 In State of Madhya Pradesh v. Narmada Bachao Andolan271, the Court was dealing with an issue of rehabilitation of persons displaced due to the construction of the dam. It went on to observe that judicial interference in a policy matter is circumscribed, in the following words:
Supreme Court of India Cites 281 - Cited by 6 - A M Khanwilkar - Full Document

Ramshankar vs The State Of Madhya Pradesh on 1 May, 2024

I have heard learned counsel for the parties and gone through the record. Paragraph No.26 of the judgment rendered by the Apex Court in State of Madhya Pradesh versus Narmada Bachao Andolan & Another (supra) deals with the aspect of desirability for the authority concerned to ensure that as far as practicable persons who had been living and carrying on business or other activity on the land acquired, if they so desire, and are willing to purchase and comply with any requirement of the authority or the local body, be given a piece of land on terms settled with due regard to the price at which land has been acquired from them. However, the State Government cannot be compelled to provide alternate accommodation to the oustees and it is for the authority concerned to consider the desirability and feasibility of providing alternative land considering the facts and circumstances of each case.
Madhya Pradesh High Court Cites 14 - Cited by 0 - V Agarwal - Full Document

Jitendra vs The State Of Madhya Pradesh on 1 May, 2024

I have heard learned counsel for the parties and gone through the record. Paragraph No.26 of the judgment rendered by the Apex Court in State of Madhya Pradesh versus Narmada Bachao Andolan & Another (supra) deals with the aspect of desirability for the authority concerned to ensure that as far as practicable persons who had been living and carrying on business or other activity on the land acquired, if they so desire, and are willing to purchase and comply with any requirement of the authority or the local body, be given a piece of land on terms settled with due regard to the price at which land has been acquired from them. However, the State Government cannot be compelled to provide alternate accommodation to the oustees and it is for the authority concerned to consider the desirability and feasibility of providing alternative land considering the facts and circumstances of each case.
Madhya Pradesh High Court Cites 14 - Cited by 0 - V Agarwal - Full Document

The Bank Of Tokyo Mitsubishi Ufj,New ... vs Dcit, Circle- 3(1)(1), International ... on 13 March, 2026

The claim of the assessee that the above orders of the Tribunal for AY 2015-16 and 2014-15 are per incuriam as the same had not considered the binding precedents as laid down in the orders of the Hon'ble Bombay High Court as referred above and had also failed to consider the provisions of clause (i) of Explanation to section 44C of Act relying upon the judgment of Supreme Court in case of State of MP vs. Narmada Bachao Andolan (2011) 7 SCC 639) (Para 65 & 68) has been carefully considered by us but not found to be acceptable. The Tribunal in the above orders denied the claim of the assessee for its findings in para no. 24 of its order for AY 2015-16 duly highlighted above wherein it observed that the Ld AR did not address any argument on the facts of the case that when the assessee's income is taxed on gross basis as per rates adopted as per DTAA, can for claiming expenses out of that income , the assessee can look at the Domestic tax laws, i.e. section 44C of the act. Further, the Tribunal 33 ITA No.- 7212/Del/2017 The Bank of Tokyo Mitsubishi UFJ Ltd.
Income Tax Appellate Tribunal - Delhi Cites 46 - Cited by 0 - Full Document

Rakesh Birla vs The State Of Madhya Pradesh on 1 May, 2024

I have heard learned counsel for the parties and gone through the record. Paragraph No.26 of the judgment rendered by the Apex Court in State of Madhya Pradesh versus Narmada Bachao Andolan & Another (supra) deals with the aspect of desirability for the authority concerned to ensure that as far as practicable persons who had been living and carrying on business or other activity on the land acquired, if they so desire, and are willing to purchase and comply with any requirement of the authority or the local body, be given a piece of land on terms settled with due regard to the price at which land has been acquired from them. However, the State Government cannot be compelled to provide alternate accommodation to the oustees and it is for the authority concerned to consider the desirability and feasibility of providing alternative land considering the facts and circumstances of each case.
Madhya Pradesh High Court Cites 14 - Cited by 0 - V Agarwal - Full Document

// vs // on 20 October, 2012

37. The case of State of Madhya Pradesh vs. Narmada Bachao Andolan (supra) shows the application of law of pleadings. In the present matter, necessary material is already on record and the petitioners have sufficiently pleaded their case of violation of development plan reservation. The first question which arises for consideration is whether in such circumstances, when several Schools are available in the vicinity, the State Government or any other Authority which has to permit the School to be opened, is duty bound to grant permission to the BVB merely because of Development Plan reservation. The other question is whether the Planning Authority in the light of provisions of Section 31(6) of the MRTP Act can alter the area of land under reservation and whether the N.I.T., who has been given limited role, can do so without recourse to provisions of Section 37 thereof. It is also not understood as to how a Public Authority like N.I.T. can seek reservation of 10 seats from BVB in such matters. All these issues definitely are issues in larger public interest.
Bombay High Court Cites 29 - Cited by 0 - A P Bhangale - Full Document

Mahesh Hirve vs The State Of Madhya Pradesh on 1 May, 2024

I have heard learned counsel for the parties and gone through the record. Paragraph No.26 of the judgment rendered by the Apex Court in State of Madhya Pradesh versus Narmada Bachao Andolan & Another (supra) deals with the aspect of desirability for the authority concerned to ensure that as far as practicable persons who had been living and carrying on business or other activity on the land acquired, if they so desire, and are willing to purchase and comply with any requirement of the authority or the local body, be given a piece of land on terms settled with due regard to the price at which land has been acquired from them. However, the State Government cannot be compelled to provide alternate accommodation to the oustees and it is for the authority concerned to consider the desirability and feasibility of providing alternative land considering the facts and circumstances of each case.
Madhya Pradesh High Court Cites 14 - Cited by 0 - V Agarwal - Full Document

Ms. Chittaroopa Palit vs The State Of Madhya Pradesh on 18 August, 2015

In the case of State of M.P. Vs. Narmada Bachao Andolan i.e.N.B.A. No.1 (supra), the directions issued by the Supreme Court pertains to grant of benefit of rehabilitation to the similar dam affected persons pertaining to Omkareshwar project and in that case also, similar arguments were considered and after taking note of various aspects of the matter, the Hon'ble Supreme Court in the said case in para 183 and 188 decides the matter in the following terms :-
Madhya Pradesh High Court Cites 5 - Cited by 0 - S K Gupta - Full Document

Shalan Dashrath More vs State Of Maharashtra And Ors on 2 March, 2017

The petitioners were uprooted from their environs and relocated at Shedgewadi, without any measures of rehabilitation worth the name being provided for them. In particular, the lands allotted to the petitioners remain barren for want of water supply and irrigation facility. The State Authorities have breached their own policies of rehabilitation first and development later. The State Authorities have acted in breach of the law declared by the Hon'ble Supreme Court in cases of N.D. Jayal (supra) and Narmada Bachao Andolan (supra) that rehabilitation should take place before six months of submergence and such prior rehabilitation will create a sense of confidence amongst the oustees and they will be in a better position to start their life by acclimatizing themselves with the new environment. The absence of any pre-
Bombay High Court Cites 44 - Cited by 0 - M S Sonak - Full Document

Maruti Balu Pawagi vs State Of Maharashtra And Ors on 2 March, 2017

The petitioners were uprooted from their environs and relocated at Shedgewadi, without any measures of rehabilitation worth the name being provided for them. In particular, the lands allotted to the petitioners remain barren for want of water supply and irrigation facility. The State Authorities have breached their own policies of rehabilitation first and development later. The State Authorities have acted in breach of the law declared by the Hon'ble Supreme Court in cases of N.D. Jayal (supra) and Narmada Bachao Andolan (supra) that rehabilitation should take place before six months of submergence and such prior rehabilitation will create a sense of confidence amongst the oustees and they will be in a better position to start their life by acclimatizing themselves with the new environment. The absence of any pre-
Bombay High Court Cites 44 - Cited by 1 - M S Sonak - Full Document
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