exercise of his power under Section 108 Sub-section (2). The conclusion is, therefore, inescapable that Section 80A Sub-section (2) Second part does ... final reply that even if Section 108 Sub-sections (1) and (2) were not displaced by Section 80A Sub-section (2), there were no rules
with the previous sanction of the Governor-General under Sub-section (8) of Section 80A of the said Act. The terms of this enactment ... Government of India Act itself. The section with which we are chiefly concerned is Section 80A. By the first clause it is enacted that
with the previous sanction of the Governor-General under Sub-section (3) of Section 80A, Government it India Act , then in force the sections ... section (2) which in its turn is subject to Sub-section. (3) and finally by Sub-section (4). Section 80A(3) Clauses
powers of the local Legislature. By Section 10 of the Government of India Act, 1919, Section 80A ... substituted for Section 79 of the Government of India Act, 1915. Sub-sections (1) and (2) of the new Section 80A correspond to Sub-sections
without previous sanction.
4. By the rules framed is respect of Section 80A(3)(a) of the Act it is provided (1) that the Legislative ... fixed by Indian Legislation. By the rules framed in respect of Section 80A 3(h) it is provided (2) that a local Legislature
without previous sanction.
3. By the rules framed in respect of Section 80A(3)(a) of the Act it is provided (1) that the Legislative ... this case.
7. The Advocate General contends that the provisions of Section 80A(3) relate only to new taxes and not to the enhancement
would be the position. But the power given by Sub-Section (1) of Section 80A is also subject to Sub-section ... view that we take of the interpretation of Sub-section (3), Section 80A on a reference to the rules framed under that sub-section which
passed by the Provincial Legislature acting under the authority conferred by Section 80A, Government of India Act, 1919. That section empowered the Provincial Legislature ... territories for the time being constituting the province. The language of Section 80A makes it clear that the Provincial Legislature could not legislate for territories
Section 10(1) and Section 10(3)(a) of the Government of India Act, 1919 which is included in Section 80A or the parent ... particular provision that has been mentioned viz., Section 10(3)(a) which is contained in Section 80A of the parent Act cannot be construed
Hence, the appeal
petition filed by Thiru.H.Srinath under
Section 80A of Tamil Nadu Town and
Country Planning Act, 1971 is allowed ... challenged the said notice before the Government
under Section 80A of the Act, 1971, but the same was not
entertained since the building
