|
|
|
|
 |
 |
|
|
Article Published in the Express Magazine Dated
January 13, 2002
General Attorney : Rajiv K. Luthra
My family and I live in a posh location in
South Delhi. This is leasehold property owned by
the Government. The terms of the lease prescribe
residential use of the property and was initially
meant specifically for residential use. Recently
we learnt that the Authorities have declared the
same as commercial land. We are considering
starting a small commercial venture at our
premises. We need to understand whether there is a
need to seek permission from the Authorities or
would it be fine if we directly convert the
property from residential to commercial use.
S. K. Sharma, New Delhi
The change of user of land permitted by the Plan
is only enabling in nature and only lifts a
restriction, which otherwise is there if the
property is earmarked specifically for residential
purposes. The land has to be used as per the
agreement between the contracting parties and no
change of the user can be made contrary to the
agreement, even if the Plan permits such user.
There is no automatic conversion of the use of the
land from residential to commercial purpose. It is
expected that a party proposing change of user of
land may make an application in the prescribed
form for the purpose showing readiness and
willingness to abide by the terms and conditions
for such conversion of the user. Conversion
charges are to be paid. These are leviable on the
basis of rates prevalent on the date when the
proper application is moved. Once the Authority
receives the application they are expected to
process the application as early as possible.
Please tell me what is a deemed public company.
I have been advised by a friend to convert my
enterprise into a deemed public company? Can I do
so?
Rajesh Gupta, Chandigarh
The concept of a deemed public company as was
provided for in Section 43-A of the Companies Act,
1956 (the “Act”), has been abolished recently by
the Companies (Amendment) Act, 2000.
A deemed public company was a blend of a public
company and a private company. A private company
could become a deemed public company based on the
fulfillment of certain specified criterion
provided for in the aforesaid Section. It was
registered as a private company and became, by
operation of law, a public company.
I was hit by a motorbike and suffered serious
injuries. The facts are very clear and the other
person admitted his fault. How much compensation
should I expect?
Anil Vidhyarthi, Delhi
Under Section 168 of the Motor Vehicles Act, 1988
(the “Act”) the compensation has to be “just”.
There is no exact or uniform rule for measuring
the value, either of human life or of any
particular limb and the assessment of damages for
the loss of one or the other cannot be arrived at
by any precise mathematical calculation. The
standard for determining the quantum of
compensation is on a case to case basis depending
upon the evidence provided. Every method of
calculation is subordinate to the necessity of
giving a just compensation. The sum awarded must
be fair and reasonable by accepted legal
standards. The task of ascertaining the quantum of
general damages is a difficult and perplexing one.
However difficult the problem of compensation for
pecuniary losses may be, the basis of assessment
have always been clear; the award of the Tribunal
seeks to put the injured in the economic position,
he would have been, but for the accident. Thus,
how much compensation is to be paid is dependent
on the particular facts and circumstances of your
case.
|
|
| |
|
|
|
|
|
