dcr 33 | India Judgments | Law | CaseMine
of the Revision of Development Plan, these Development Control. Regulations (II) Meaning as in the Acts, Rules, etc. 2. (III) Terms and .. Annexure - 2 - Form of Supervision Acceptance. Annexure- 3 - Plot Area Certificate. . (IV)Date of coming into force: These Regulations shall come into force on sanction. MUMBAI: Chief minister Devendra Fadnavis is likely to release the Development Control Regulations – by the month-end. Sub: Revised procedural guidelines for Redevelopment, . cases shall be made by the Society / Developer prior to date of decided to process the proposal as per D.C.R(9), Society will be directed by the A.C.. (Estate)'s.
If the parties fail to obtain a trial date, the court may set the case for trial at its discretion. All cases shall be set for trial within 12 months of the date that the setting occurs, unless ordered otherwise by the trial court.
Contested matters shall be set by each court department on dates agreeable to counsel. A day notice to appear and set a time for trial may be given by any party upon certification that the case is at issue. At the time fixed in the notice, with showing of service upon all parties, a court department shall set the case for trial at a time certain. If fewer than all parties appear before a court department on an application for setting, and file with the court department a conformed copy of written notice to appear for setting at that hour and day, a court department shall set the matter to be heard on a date satisfactory to the counsel present.
Time shall be computed as provided in N.
An individual court department may dispense with these procedures if necessary. Cases can be set via telephone conference or any other convenient method. All disputes concerning calendar settings shall be resolved by each court department in accordance with procedures established by that department.
Matters set in each department shall be heard in the order set unless otherwise ordered by the trial judge. Matters which cannot be heard in the department in which set because of a conflict with a prior matter, shall be assigned to another department, if one is available, by the affected department, to be heard at the same time as originally set. If a matter cannot be heard at the time originally set because of conflicts in all other departments, the matter shall be continued by order of the affected department.
Each court department shall determine the maximum allowed time that a matter can be set out on the calendar, subject to the month setting rule. The applicant shall file the original and serve a copy upon counsel for each other party.
If there are multiple settings, each court department shall endorse on the application the priority of the case in numerical order. Once set, a case may be removed from the calendar only with the consent of the trial judge or the chief judge, if the trial judge is unavailable. Effective January 2,the judge who determines that a certain criminal defendant is incompetent shall be responsible for impanelling the Sanity Commission.
Any questions arising under this Rule 4 which cannot be resolved by the individual court department shall be referred to the chief judge for decision. Five calendar days before the trial, each party shall serve and file a trial statement which shall set forth the following matters in the following order: Such facts shall be organized by listing each essential element of the claim or defense and separately stating the facts in support of each such element.
All motions in limine to exclude or admit evidence must be in writing and attached to the trial statement. The court may refuse to consider any oral motion in limine and any motion in limine which is not filed with the trial statement. Pretrial conferences may include settlement negotiations.
In the event either party desires to conduct a settlement conference before a judge other than the trial judge, that party shall first obtain the authorization of the trial judge, who may then assign the settlement conference to another judge, senior judge or master.
The judge may, for good cause, continue the pretrial conference for a limited period of time to a time certain. This rule on jury instructions applies to both civil and criminal cases. The original instructions shall not bear any markings identifying the attorney submitting the same, and shall not contain any citations of authority, except that such instructions may bear the numerical reference to Nevada Pattern Civil Jury Instructions.
No portion thereof shall be in capital letters, underlined or otherwise emphasized. Authorities for any instruction must be attached to the original instructions by removable adhesive paper. Any rejected instructions i.
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Proposed jury instructions shall be personally served upon opposing counsel, if counsel maintains an office in Washoe County, on the same day that they are submitted to the court. Otherwise, opposing counsel shall be served at the first day of trial. A judge may order jury instructions to be submitted to the court at a pretrial conference. Communication with law clerks. Per capita space was low, and densities high from the start, but shortages in supply of this type of housing still meant overcrowding of the existing tenements.
Another factor, not taken into consideration by the builders of such housing or by public authorities, was that the migrants brought their families to join them in the cities as they consolidated their. A BMC survey in s showed that there were 30, dilapidated buildings, out of which were beyond economic repair, were considered to have a life span of less than five years, and the remaining 19, were expected to last between 5 and 15 years.
A subsequent report of the Steering Group for Slums and Dilapidated Houses, also known as the Kerkar Committee, pointed out that the problem might have increased by 50 per cent since the survey was completed in The magnitude of the problem may be underestimated by these figures since the classification of old buildings into the various categories and their breakdown by wards is made up from a list of only those buildings upon which a "repair cess" has been levied.
This applies only to tenanted buildings owned by private landlords, and stock owned by public sector agencies like Municipal Corporation and BPT has not been included the assumption in this distinction is that public agencies can maintain their property without having to depend upon and without passing the liability on to another public agency.
However, the properties owned by public agencies are in no less serious a state of dilapidation than those owned by private landlords, and, what is more important, the share of publicly owned buildings is fairly high. State landlordism has in this case, proved to be a very severe liability: The bulk of the dilapidated housing stock is occupied by low-income people. The dominant form of such housing, the chawl, accommodate 80 per cent of the low-income households within the city limits; of this total 90 per cent live in one room dwellings irrespective of household size.
Chawl alone constitute Thus, out of every five dwelling units in Bombay, at least three are chawls. The status of the buildings under cess category is as under. Category Year of construction No of buildings. After detailed deliberations held over a large number of meetings, in July,the Sukthankar Committee submitted its report to the Government.
It was noted in the said report that the life of most of the buildings in Category "A" had nearly come to an end and instead of repairing such buildings periodically, their reconstruction would be the only far sighted solution.
Building Re-development – Die Hard Indian
It was felt that without giving incentive FSI nothing could be achieved in respect of reconstruction and redevelopment of the old buildings. Therefore, an amendment was made on 25'h January to Regulation 33 7under the provisions of the Town Planning Act, whereby for reconstructing "A" category cessed buildings, FSI of 2. There is no acquisition for redevelopment under this Scheme. The recommendations suggested by the committee were as accepted by Government and accordingly modifications have been made under D.
The Gist of modification is as under. The minimum carpet area of a reconstructed tenement enhanced from sq. The permissible ceiling limit of structural repairs enhanced from Rs.
Board, which is equivalent to that of cess collected during every year. Board has been enhanced from Rs.
An amendment to DC Regulation 33 (9)
WP Provided that, the State Government may by notification in the Official Gazette, permit in any area the transfer of interest in premises held under such leases or class of leases any premises or class of premises other than those let for business, trade or storage to such extent as may be specified in the notification. Right of Tenant and Landlord to receive lawful charges.
After the cooperative society is formed by allottees of flats in the new building, restriction on transfer of tenements shall be governed by the provisions of the Maharashtra Cooperative Societies Act.
Section 29 thereof reads as under: Restrictions on transfer or charge of share or interest.
WP a he has held such share or interest for not less than one year; b the transfer is made to a member of the society or to a person whose application for membership has been accepted by the society, or to a person whose appeal under section 23 of the Act has been allowed by the Registrar; or to a person who is deemed to be a member under sub-section 1A of-section II Definition of "financial year".
In view of the above statutory provisions, it is clear that the restrictions on transfer of tenements imposed in the impugned condition are not to be found in any of the above statutory provisions. The said clauses are set out hereunder for easy comparison and contrast: In case of operative Societies Act. However, tenements breach of conditions, constructed for slum except transfer to legal rehabilitation shall not be heir, the tenement will be transferred for the period taken over by Slum of 10 years.
ABS 9 of We, therefore, find considerable substance in the submissions made on behalf of the petitioners that the underlined portion in the impugned condition no.
dcr 33 (7) | India Judgments | Law | CaseMine
In view of the above discussion, the writ petitions are allowed. In the result, the following portion of the condition in the NOC issued by respondent no.
Rule is made absolute to the above extent with no order as to costs. ABS 11 of