#Statutory Compliance

Kerala High Court quashed an order rejecting a Form-5 application under the Kerala Conservation of Paddy Land and Wetland Act, 2008, ruling that the authorised officer must independently assess land character before excluding it from the Data Bank. The court directed a fresh enquiry and remanded the matter for compliance with statutory requirements.

Rajasthan High Court quashes a transfer order for lack of Block Development Officer consent under Section 89(8) and Rule 289, reaffirming mandatory procedural compliance for Panchayati Raj cadre postings. The ruling underscores the need for statutory consent before effecting transfers in the state's rural administration.

Bombay High Court ruled that the State Board for Wildlife (SBWL) cannot restrict tiger corridor identification solely to NTCA's 2014 report and DSS, ignoring six statutory parameters under the Wildlife Protection Act. The judgment reinforces statutory compliance in wildlife conservation, impacting tiger habitat protection and administrative law.

Kerala High Court holds that once a miner avails the statutory reduction scheme under the Kerala Minor Mineral Concession Rules, 2015, the penalty under Rule 108 cannot be waived. The ruling reinforces strict compliance with penalty provisions, impacting miners and state authorities in enforcement actions.

Andhra Pradesh High Court holds that failure to conduct periodic inspections of unregistered medical establishments under the APAPMC Act, 2002, amounts to arbitrary inaction violating constitutional rights. The court directs authorities to enforce registration and regulatory compliance, reinforcing state accountability in healthcare oversight.

The Allahabad High Court has ruled that industrial plot allottees cannot be charged time extension fees until a formal lease deed is executed, striking down arbitrary financial demands made prior to legal possession. This protects developers and institutions from punitive charges imposed without statutory compliance, reinforcing the principle that rights and liabilities in land allotment arise only upon execution of the lease.

Bombay HC rules that failure to supply society records within 45 days under Section 154B-8 of the Maharashtra Co-operative Societies Act triggers automatic disqualification, rejecting 'substantial compliance' arguments. The judgment reinforces statutory transparency obligations for co-operative society office-bearers, impacting committee members across Maharashtra.

Gauhati HC upheld a ₹40 crore royalty demand against Simplex Infrastructures for extracting minor minerals without a permit under NH-52 project, ruling Rule 64 Assam Minor Mineral Rules imposes strict liability regardless of procedural lapses. The judgment reinforces statutory compliance obligations for contractors in infrastructure projects involving mineral extraction.

Gauhati HC rules that contractors must provide verifiable documentation under Assam Minor Mineral Rules to claim exemption from forest royalty on excavated earth reused internally in infrastructure projects. The court held that writ jurisdiction cannot bypass statutory compliance, setting a precedent for strict adherence to procedural proofs in mining and environmental law disputes.

Karnataka High Court reaffirms that Section 4 of the Payment of Gratuity Act, 1972, strictly requires a minimum of 5 years of continuous service for gratuity eligibility, leaving no room for administrative discretion. The ruling sets aside gratuity orders favoring an employee with only 4 years and 9 months of service, reinforcing statutory compliance over equitable considerations for employers and employees alike.

Bombay High Court rules that privilege fees under excise laws apply to liquor licence transfers via Scheme of Arrangement, but authorities cannot impose charges beyond statutory authorization. The judgment clarifies compliance requirements for corporate restructuring involving regulated licences, impacting distilleries and liquor manufacturers.

Madras High Court directs the appointment of an independent Returning Officer to oversee Tamil Nadu Pharmacy Council elections, ensuring compliance with Rule 8 of the Tamil Nadu Pharmacy Council Rules, 1953. The ruling addresses allegations of irregularities and reinforces statutory compliance in electoral processes for statutory bodies.

The Karnataka High Court has ruled that authorities cannot execute a new sand quarry lease until disputes over arrears from a prior lease are resolved, reinforcing that statutory clearances are not mere formalities but condition precedents. This sets a critical precedent for mining authorities and tenderers across Karnataka, ensuring lease issuance aligns with fiscal and procedural integrity under the Mines and Minerals Act.

The Madhya Pradesh High Court has ruled that insurers cannot deny third-party liability under the Motor Vehicles Act merely because a vehicle lacked a valid fitness certificate. Liability attaches unless the insurer proves the expired certificate directly caused the accident, reinforcing that statutory breaches alone do not void coverage without a direct link to the incident.

Gauhati High Court rules that the 30-day timeline under Section 21A of the Registration Act for issuing land sale NOCs is mandatory, rejecting administrative delays as justification. The decision reinforces statutory compliance, ensuring timely processing of land sale permissions for property owners and buyers.