Court : Karnataka Dharwad
..... that the private road measuring 414 sq m was private property never acquired by pune municipal corporation or the state government, the respondents had a public duty under section 91 to appropriately modify the scheme and to show the private road as property of its legitimate owners, as per the property records in existence, and or in the award of the arbitrator. ..... matters may for their determination require oral evidence to be taken, and on that account the high court is of the view that the dispute may not appropriately be tried in a writ petition, the high court may decline to try a petition ..... bangalore- bellary road is national highway no.7 and there is a sales-tax checkpost situated after the railway crossing outside the bangalore city limits on n.h.7 and the entire land surrounding the checkpost office belongs to the state government, railway administration as well as to the indian medical research centre. ..... bangalore-bellary road is national highway no.7 and there is a sales-tax checkpost situated after the railway crossing outside the bangalore city limits on n.h.7 and the entire land surrounding the checkpost office belongs to the state government, railway administration as well as to the indian medical research centre. ..... of india has argued before this court that no construction can take place in the "no construction zone", keeping in view of sections 7 and 9 of the karnataka highways act, 1964 read with the circular dated 22nd december, 2005 issued by the state government. .....
Tag this Judgment!Court : Karnataka Dharwad
..... respect of un-alienated lands, it also empowered the deputy commissioner to prohibit the appropriation of land and also summarily evict any holder when such an attempt was ..... question, therefore, that will have to be considered is which of the lands vest in the state under the provisions of the karnataka land revenue act, 1964 and whether the lands classified as phot kharab would also vest in the state, especially those which were classified as b kharab land ..... . it is to be borne in mind that the code was not enacted to appropriate the land of an individual and its primary objective was only to enable the state to regulate the collection of land revenue ..... imposed a prohibition on the right to cultivate and it did not either directly or indirectly appropriate the little of the land in favour of the state.58 ..... . as could be seen from the above rule, a deduction was required to be made in the fields on account of the barren land, also called as phot kharab, and the assessment was required to be made only ..... . (c) upon land appropriated for building sites assessment subject to variation if purpose for which land is held is changed: and the assessment fixed under the provisions of this regulation upon any land appropriated for any one of the above purposes shall be liable to be altered and fixed at a different rate, when such land is appropriated for any other purpose, notwithstanding that the tem, if any, for which such assessment was fixed ..... officer and another (w.p.no.20029/2005 [la-res] .....
Tag this Judgment!Court : Karnataka Dharwad
..... respect of un-alienated lands, it also empowered the deputy commissioner to prohibit the appropriation of land and also summarily evict any holder when such an attempt was ..... question, therefore, that will have to be considered is which of the lands vest in the state under the provisions of the karnataka land revenue act, 1964 and whether the lands classified as phot kharab would also vest in the state, especially those which were classified as b kharab land ..... . it is to be borne in mind that the code was not enacted to appropriate the land of an individual and its primary objective was only to enable the state to regulate the collection of land revenue ..... imposed a prohibition on the right to cultivate and it did not either directly or indirectly appropriate the little of the land in favour of the state.58 ..... . as could be seen from the above rule, a deduction was required to be made in the fields on account of the barren land, also called as phot kharab, and the assessment was required to be made only ..... . (c) upon land appropriated for building sites assessment subject to variation if purpose for which land is held is changed: and the assessment fixed under the provisions of this regulation upon any land appropriated for any one of the above purposes shall be liable to be altered and fixed at a different rate, when such land is appropriated for any other purpose, notwithstanding that the tem, if any, for which such assessment was fixed ..... officer and another (w.p.no.20029/2005 [la-res] .....
Tag this Judgment!Court : Karnataka Dharwad
..... the judgment debtor falls short of the decreed amount, the decree holder will be entitled to apply the general rule of appropriation by appropriating the amount deposited towards the interest, then towards cost and finally towards the principal amount due under the decree. 31.4. ..... true that if the amount falls short, the decree-holder may be entitled to apply the rule of appropriation by appropriating the amount first towards the interest, then towards the costs and then towards the principal amount due ..... contention that the petitioners would not be liable to pay future interest on the award amount may only be with regard to the rule of appropriation as contained in the provisions of the code of civil procedure, 1908. ..... though, a decree-holder may have the right to appropriate the payments made by the judgment-debtor, it could only be as provided in the decree if there is provision in that behalf in the decree or, as contemplated by order 21 rule 1 of the code ..... in other words, 34 whether the said sum of rs.1 crore paid by the appellant should be accounted towards the award amount of rs.1,41,68,474/- or to the total figure of rs.2,19,61,134/- as was sought to ..... engineers as well as the three circles case pertain to an award under the arbitration act, 1940, which did not contain a specific provision dealing with the arbitrator's power ..... , (2005) 6 ..... , we do not find that 16 on equitable considerations the landlady is entitled to interest for the period january 20, 2000 to july 20, 2005. 6. .....
Tag this Judgment!Court : Karnataka Dharwad
..... considered opinion that, the subsequent sale letter dated 14.03.2011, the receipt of the alleged sale consideration and parking of the said sale consideration in a fixed deposit account and non-appropriation of the sale consideration or the accrued interest and the non-defraying of the loan account and non-liquidation of the debts even after receipt of the sale consideration speaks of a collusion between the concerned parties. ..... by the sale notice, the petitioner preferred the first writ petition praying for the following reliefs: a) issue a writ of mandamus or any other appropriate writ or directions directing the 1st and 2nd respondent to drop all proceedings as against the sale notice and close the loan as per the ots proposal ..... in the light of the view taken by this court above with respect to the conduct of the corporation and additionally taking into account the fact that the alleged auction purchaser has voluntarily relinquished his rights, this court is of the considered opinion that the writ appeal does not merit consideration ..... contend that the entire exercise of transferring of the seized assets to a third party who is not even a bidder or participant in the negotiations is a fraudulent act and hence the sale of the property to the third party is contrary to the procedures adopted by the corporation and is also opposed to the doctrine of fairness ..... 2005 ..... relied upon another judgment of the apex court rendered in civil appeal nos.2062 and 2063 of 2002 dated 30.03.2005. .....
Tag this Judgment!Court : Karnataka Dharwad
..... aggrieved by the sale notice, the petitioner preferred the first writ petition praying for the following reliefs: a) issue a writ of mandamus or any other appropriate writ or directions directing the 1st and 2nd respondent to drop all proceedings as against the sale notice and close the loan as per the ots proposal issued by the ..... at paragraph 11 of the affidavit, the details of the payment receipt is set out in a tabular form and the same is extracted herein below: date 01.08.2007 08.04.2011 amount 5,00,000/- emd account 157,50,000/- 29.04.2011 487,50,000/- 20.06.2011 total 60,576/- interest on delayed payment 650,50,576/- paid by steel indoria corporation bharat timber and construction company bharat timber and construction company bharat timber and ..... this court is of the considered opinion that, the subsequent sale letter dated 14.03.2011, the receipt of the alleged sale consideration and parking of the said sale consideration in a fixed deposit account and non-appropriation of the sale w.a. ..... he would further contend that the entire exercise of transferring of the seized assets to a third party who is not even a bidder or participant in the negotiations is a fraudulent act and hence the sale of the property to the third party is contrary to the procedures adopted by the corporation and is also opposed to the doctrine of fairness w.a. ..... the learned counsel has also relied upon another judgment of the apex court rendered in civil appeal nos.2062 and 2063 of 2002 dated 30.03.2005. .....
Tag this Judgment!Court : Karnataka Dharwad
..... proposed by these respondents, particularly, the lands lying even to the north of nh-64, in particular to include the land lying in between the national highway and the railway lane to cover under the notifications issued under sections 3(1) and 28(1) of the act and therefore submits that not only reveals non-application to the relevant aspects which is writ large on the face of the record but also the kind of ..... third mahazar also dated 28.01.2008 indicating that portion of lands in all measuring upto 167 acres 2 gutas, koppal village, has been taken over in the presence of panchas and by the village accountant, koppal and the revenue inspector, dharwad and yet another mahazar dated 29.01.2008 for a like purpose in respect of the land to the extent of 147 acres 37 guntas of halavarthi village have ..... right of the state or of those to whom the power has been lawfully delegated to condemn private property for public use and to appropriate the ownership and possession of such property for such use, upon paying the owner paying the owner a due compensation to be ..... m/s. mspl limited, bellary, which is placed before us indicates that an application having been made by the fourth respondent to the state high level clearance committee for clearance received on 24.3.2005, this application is processed by the committee and it inter alia indicates that it is a project with an investment potential of rs.2292.26 crores and with annual production capacity of 1.2 million metric .....
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