Court : Karnataka
Reported in : ILR1986KAR488
..... are made by b w s s b in-exercise of the power conferred on it by sections 31, 61 and 88 and all other enabling provisions of the bangalore water supply and sewerage act, 1964. ..... regulations are valid in law and are consistent with the provisions of the bangalore water supply and sewerage act, 1964, and rules made thereunder. ..... these writ appeals are filed by the bangalore water supply and sewerage board (hereinafter referred to as 'the board') against the common judgment of the learned single judge in ..... it is true that in the statement of objection filed in the case there has been an elaborate reference to the financial position of the board and its requirement of more finance for undertaking various works and incur capital expenditure, instead of making a short and specific plea that the deposit required under regulation 7a was in the nature of enhanced security deposit for the purpose of ensuring prompt payment of the bills by ..... paragraph 1 of the statement of objection the board had stated that the regulation had been made in exercise of its power under section 31 of the act. ..... out that according to the statement of objection filed by the board in the writ petitions, the object of framing regulation was with the object of collecting more revenue in order to meet capital expenditure and therefore the regulation was beyond the powers conferred under any of the provisions of the act.9. ..... paragraph 5 of the objection statement, the board stated as follows ..... portion of the statement reads :'1. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ574
..... prabhakar that the 'dominant purpose' being the establishment of the board under the provisions of the bangalore water supply and sewerage act, 1964, was not to earn profit yet in the light of the view that i have taken on the first question and held that the board is a 'local authority' within the meaning of section 32(iv). ..... the board is required to submit to the state government annual financial statement which is required to be laid on the table of both the houses of state legislature. ..... the board is obliged to place before the consultation committee the annual financial statement before submitting such statement to the state government. ..... of such seven members: (1) one shall be a person who has experience of, and has shown capacity in commercial matters and administration; (2) one shall be a person with wide experience of civil engineering works preferably in the field of public health engineering with reference to water supply, sewerage and sewage disposal and industrial wastes, and (3) one shall be a person who has experience of accounting and financial matters in a public utility undertaking. ..... the financial statement is required to be submitted to the state government in the prescribed form as is amended by section 17. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1993Kant121; 1992(2)KarLJ369
..... (ii) the bangalore water supply and sewerage board ('water board'for short) the statutory authority constituted and the bangalore water supply and sewerage act, 1984 entrusted with the function of ensuring supply of water to the city, filed appeals before the karnataka appellate tribunal against the orders of the deputy commissioner according permission for conversion of the lands for non-agricultural purpose on the ground that establishing of a township ..... (3) the tahsildar shall, on receipt of the declaration under sub-section (2) and after such enquiry as may be prescribed, send a statement containing the prescribed particulars relating to such land to the deputy commissioner who shall, by notification, declare that such land shall vest in the state government free from all encumbrances and take possession thereof in the prescribed manner. ..... granting permission for establishing of towardship in such a sensitive locality was wholly arbitrary as it only favours dlf, which is a financially powerful company engaged in profit making venture of land development and a few affluent individuals, who alone could purchase such sites and construct country villas, and is totally injurious to public interest. ..... this reservoir wasconstructed and commissioned in the year1933 and it is under the control of thebangalore water supply & sewerage boardfrom the year 1964 after formation of theboard. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR2649; 1994(4)KarLJ22
..... as per section 32(3) and regulation 5(2) of the bangalore water supply and sewerage act, 1964, and regulation 5(2) which has been referred to in the act as bwssb, the distance between water supply sub-main and the premises should be within 33 metres. ..... the learned counsel for the petitioner submitted before me that the entire order contained in annexure 'g' is based on complete misconstruction of the provisions of section 32(3) of bangalore water supply and sewerage act, 1964 as well as regulation 5(2). ..... the legislature has enacted bangalore water supply and sewerage act 1964 as its preamble indicates to make provisions for supply for water, sewerage and sewage disposal in bangalore metropolitan area and for matters connected therewith. ..... as regards bangalore or the corporation area of the bangalore city or to say the area over which and in respect of which the provisions have been made by the legislature by the name of bangalore water supply and sewerage act, 1964, the provisions of act no. ..... so, act 36 of 1964 being applicable in respect of the matters relating to water supply and sewerage relating bangalore metropolitan area as the provisions have already been made for supply of water by act no. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR1529
..... (ii) the bangalore water supply and sewerage board ('water board' for short) the statutory authority constituted under the bangalore water supply and sewerage act, 1984 entrusted with the function of ensuring supply of water to the city, filed appeals before the karnataka appellate tribunal against the orders of the deputy commissioner according permission for conversion of the lands for non-agricultural purpose on the ground that establishing of a township ..... impugned order the state government has directed that several orders made by the special deputy commissioner, bangalore rural district under section 95 of the karnataka land revenue act according permission for conversion of 414 acres of agricultural land for non-agricultural use, to wit, for establishing a housing colony on the banks of arkavati river near thippagondanahalli water reservoir, one of the sources of supply of drinking water to the city of bangalore, which were quashed by this court, in writ petitions nos. ..... be established in the said locality after following the procedure prescribed under the provisions of the land revenue act and also took a decision on the question as to whether the new township should be declared as a local planning area under the karnataka town and country planning act, 1961, the deputy commissioner could not entertain applications under section 95 of the act for according permission for conversion of agricultural land for non-residential purpose in such a scale which would .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR2794
..... case section 16 of the bangalore water supply and sewerage act, clearly authorises the board to levy rates, fees, rental and other charges with power to vary such rates, fees, rental and other charges from time to time in order to provide sufficient revenue for the purposes mentioned in the said section including the coverage of operating expenses, taxes and interest payments and to provide for adequate maintenance and depreciation ..... whereas the delhi development was entitled to utilise the local fund for activities other than for the development of delhi area, the bangalore water supply and sewerage board is by reason of section 16 of the act under a statutory obligation to utilise the fund only for purposes specified in the said section such as payment of taxes and interests, payment of loan and other borrowings and operating expenses etc.26. ..... section 9 sub-section (2) of the 1964 act makes the board a local authority for purposes of the bangalore water supply & sewerage act and the land acquisition act, does not also lead us anywhere for it does not necessarily mean that the board shall be deemed to be local authority even for the purposes of payment of bonus act, merely because it is so for purposes of the land acquisition act or the 1964 act.12 ..... required to place before the consultative committee an annual financial statement before submitting any such statement to the state government under section 17 of the act.21. ..... cover, amongst others, financial responsibility as well. .....
Tag this Judgment!Court : Karnataka
Reported in : 1995(1)KarLJ113
..... in the instant case section 16 of the bangalore water supply and sewerage act, clearly authorises the board to levy rates, fees, rental and other charges with power to vary such rates, fees, rental and other charges from time to time in order to provide sufficient revenue for the purposes mentioned in the said section including the coverage of operating expenses, taxes and interest payments and to provide for adequate maintenance and depreciation etc. ..... in terms of section 3 of the said act, the government was required to constitute a board by the name of the 'bangalore water supply and sewerage board' consisting of not less than three but not more than 7 members appointed by the state government section 9 of the 1964 act, provides that the board shall be a body corporate having perpetual succession and a common seal, with power subject to the provisions of this act and the rules made thereunder, to acquire, hold and dispose of property, both movable and immovable, and can sue or be sued in its ..... the board is required to place before the consultative committee an annual financial statement before submitting any such statement to the state government under section 17 of the act. 21. ..... this responsibility may cover, amongst others, financial responsibility as well. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1697
..... in support of these submissions, learned counsel has placed reliance on section 32 of the bangalore water supply and sewerage act, 1964 (for short, the 'act') and the definition of the word 'occupier,' found in section 2(13) of the act. ..... section 32 of the act, states that the water supply engineer may, on application by the owner or occupier of any building, arrange, in accordance with the regulations, to supply water thereto for domestic consumption and use. ..... the object behind such a wide definition is to enable every occupant to secure water supply because water is so essential to every living being that without that nobody can survive. ..... in the instant case, as stated by the respondents, the slum dwellers who are occupying the plots in question, have represented to the first respondent for installing the water tap since they do not have water supply. ..... 13 and 14 situated in first-cross, sampigehalli extension, normally known as karagappa garden, mission road, bangalore, belong to him and he is the absolute owner of the same; that the respondents without his permission have put up the water tap at point-a marked in the sketch produced as annexure-a; that unless the area covered by the tap is acquired or consented to by the petitioner, the respondents are not in law entitled to put up the water tap.3. ..... the respondents have entered appearance and filed the statement of objections. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR554
..... observations of the constitution bench in bangalore water supply and sewerage board's case and hold that irrigation department is an industry and would be amenable to the jurisdiction of the tribunal under the industrial disputes act.8. ..... labour court keeping in mind entire facts and circumstances of the case such as delay, violation of section 25h of the id act, has rightly moulded the relief and not imposed any financial burden upon the employer petitioner about the back wages for the intervening period and other consequential benefits but has granted only employment as a daily wager to the respondent and that too without any back wages ..... has not been raised by the petitioner before the labour court in its written statement and though no evidence to that effect was led before the labour court by the petitioner that the petitioner irrigation department is not an industry and, therefore, the reference itself was not maintainable before the labour court and though it has been raised by the petitioner before this court for the ..... behalf of the respondents workmen, statement of claim were filed wherein it was narrated by the respondents workmen that they were engaged in the construction of canal and dam and they were required to work digging, excavation, repairing and construction of nala and other allied work which is related to canal and dam and they were required to work eight hours in a day and they were in continuous service and the industrial disputes act, 1947 is applicable to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR390; 1990(3)KarLJ520
..... , social or cultural activities or for philanthropic service run by a co-operative society registered under the karnataka co-operative societies act, 1959 (karnataka act 11 of 1959) or a society registered under the karnataka societies registration act, 1960 (karnataka act 17 of 1960) or by a trust created wholly for charitable, educational or religious purposes;(v) a police station, an area office or a service station of the corporation or the bangalore water supply and sewerage board or the karnataka electricity board; and(vi) such other amenity as the government may, by notification, specify. ..... addition to this, sewerage treatment plant has to be treated as part of the work of the bangalore water supply and sewerage board (for short ' ..... he has also emphasised that in the interest of the residents on behalf of whom they are functioning, it will be their self-interest to see that both water supply and sewerage treatment plants are run as efficiently as possible.in order to further improve the environment in this area it is also desirable that the treated effluent after it is discharged into tank, which is immediately below could be harnessed ..... in support of this statement annexure-r12 a list consisting the signatures of about 166 residents of the locality ..... of the petitioner that civic amenity site cannot at all be used for installation of sewerage treatment plant is based on the definition of the expression 'civic amenity' occurring in section 2(bb) of the act. ..... each section. .....
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