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N.G. Puttaswamy and anr. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2)KCCR1201; 2009(2)KLJ521; 2009(3)AIRKarR65

..... or corporation established by or under any law and owned or controlled by the government or zilla panchayats constituted under the karnataka panchayat raj act, 1993 or city municipal corporations established under the municipal corporations act, 1976 or city municipal councils established under the karnataka municipalities act, 1964 or the hyderabad karnataka areas development board constituted under the hyderabad karnataka area development board act, 1993 or malnad area development board constituted under the malnad area development board act, 1991 or the bayaluseeme development board constituted under the bayaluseeme development board act, 1994. ..... clause (d) of section 4 provides, where the goods or services are procured from certain department of government, public sector undertakings, statutory boards and such other institutions specified by the government and such goods are manufactured or services are provided by them, for a period not exceeding two years from the date of commencement of this act, the provisions of chapter ii of the act is not applicable. ..... by the karnataka transparency in public procurements (amendment) act, 2003, section 4 was amended by introducing the words 'three years' in place of 'two years' in clause (d) ..... section 5 of the act mandates that on and from the date of commencement of this act, no procurement entity shall procure goods or services except by inviting tenders for ..... chapter ii of the act comprising sections 5 - 18 sets out the regulation of .....

Vasanth Sreedhar Kulkarni and Others Vs. State of Karnataka and Others

Court : Supreme Court of India

Reported in : (2012)1SCC138; 2012(1)SCJ722

..... in 1976, the legislature of the state of karnataka enacted the karnataka improvement boards act, 1976 to provide for constitution of improvement trust boards in some cities with powers and duties for ensuring regulated development of urban areas. ..... the special land acquisition officer, bda, who was appointed by the state government to exercise the powers of the deputy commissioner under section 3(c) of the land acquisition act, 1894 (for short, `the 1894 act') issued public notice dated 16.9.1994 and informed the landowners and persons having interest in the land that various survey numbers including survey nos. ..... government order in no.hud/446/mib, bangalore, dated 9th june 1994.after considering the proposal of the letter the commissioner, belgaum urban development authority, belgaum in the above read, the sanction is accorded under section 18(3) of the karnataka urban development authorities act 1987, for formation of 4065 sites at a cost of rs. rs. ..... in compliance of the direction given by the court, learned counsel appearing for the state filed an affidavit dated 23.9.2010 of shri shambhu dayal meena, secretary to the government of karnataka, urban development along with copies of the gazette notifications dated 7.11.1991, 1.9.1994 and 24.3.1999, order dated 9.6.1994 passed by the state government under section 18(3) of the 1987 act, the panchnamas and other documents evidencing taking of possession of various parcels of land including survey nos. .....

Avinash Gaikwad and ors Vs. State of Maharashtra and ors

Court : Supreme Court of India

..... floor space index computation -(1) floor space index/built-up calculations - the total area of a plot shall be reckoned in floor space index/built-up area calculations applicable only to new development to be undertaken hereafter as under:- xxx xxx xxx(2) exclusion from fsi computation - the following shall not be counted towards fsi:- xxx xxx xxx (k) area of balconies as ..... when it was pointed out by the court that only two contentions were urged before the high court (out of which one was conceded by the developer before the high court, leaving one issue for decision), the learned counsel for the appellants submitted that the appellants were pressing only one contention regarding the ..... more.33(9) repairs and reconstruction of cessed buildings and urban renewal scheme:- for repairs & reconstruction of cessed buildings and urban renewal scheme undertaken by the maharashtra housing and area development authority or the mumbai housing and area development board or corporation in the island city, the fsi shall be 4.00 or the fsi required for rehabilitation of existing tenants / occupiers, whichever is more. ..... godowns and sheds was acquired by the state of maharashtra under section 41 of the maharashtra housing & area development act, 1976 in the year 1988. ..... building repair & reconstruction board (`mbrrb' for short, the third respondent herein), issued an noc dated 23.5.2003 to the developer for redevelopment of the said property jointly by mhada and the developer in pursuance of dc .....

Haribhau Siddapa Patil and Others Vs. the State of Karnataka, Rep. by ...

Court : Karnataka Dharwad

..... while passing the order under sub section 3 of section 28 of the act, the special land acquisition officer acting as delegate of the powers of the state government in terms of rule 14(1) of the karnataka industrial area development rules, 1966 r/w section 28 (3) of the act indicated interalia that the subject land in all measuring 13 acres 27 guntas comprised in sy.nos.628, 629 and 630 of belgaum village, are all part of area coming within the belgaum urban development authority, were required for establishing industries and therefore ..... parivarthana alpasankhyatara agricultural co-operative society, belgaum, and the subject lands are required to be developed for such purpose and are therefore required to be so developed by the karnataka industrial area development board (for short board). ..... mahesh wodeyar, learned additional government advocate appearing for respondent no.3 karnataka industrial areas development board and intermittently sri. ..... can be attributed to the respondents in such acquisition proceedings and has drawn attention of the court to the earlier correspondence relating to the letter of the deputy commissioner addressed to the executive officer of the board on 2.11.2006 and the communication from the special deputy commissioner, board to the principal secretary, department of communications and industry, government of karnataka dated 30.11.2006 recommending acquisition of land for the benefit of the fifth respondent to set up their project shows .....

Sri.Ganesh S/O.Jotiba Oulkar Vs. the Karnataka Housing Board and ors

Court : Karnataka

..... prevailing at any particular time, by the enforcement of the plan:provided that,-(a) all changes are in public interest;(b) the changes proposed do not contravene any of the provisions of this act or any other law governing planning, development or use of land within the local planning area; and(c) the proposal for all such changes are published in one or more daily newspapers, having circulation in the area, inviting objections ..... reserved for parks, playgrounds, and other recreational uses, public open spaces, public buildings and institutions and area reserved for such other purposes as may be expedient for new civic developments;(d) areas earmarked for future development and expansion;(e) reservation of land for the purposes of central government, the state government, planningauthority or public utility undertaking or any other authority established by law, and the designation ..... , on a collective reading of sections 12 and 14 of the 1961 act, it is asserted at the hands of the learned counsel for the petitioner, that r.s.no.219 having been earmarked as public open space, cannot now be used either for construction of houses by the karnataka housing board or for the development of residential quarters for the staff ..... 2006, it is the contention of the learned counsel for the respondents, that, the state government, has, in exercise of the power vested in it, under section 14-a of the 1961 act, approved change in land use, from the one contemplated in the original master plan. .....

Dattatraya Govind Bhatkar and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1984(2)BomCR92

..... now, under the provisions of section 76(a) of the maharashtra housing and area development act, 1976 it is the duty of the bombay housing and area development board (the successor of the bombay building repairs & reconstruction board) to undertake and carry out structural repairs to buildings, in such order of priority as the board, having regard to the exigencies of the case and availability of resources, considers necessary, without recovering any expenses thereof from the owners or occupiers of ..... these rooms do not have any light or any ventilation is also borne out by an additional affidavit which was filed in somewhat unusual circumstances by the deputy chief engineer, bombay housing and area development board on 17th november, 1983 after the matter had been fully argued. ..... which is annexed to the petition also it can be seen that as far back as september 1979 the petitioners had approached the authorities of the bombay housing and area development board protesting against an attempt of the board to shift its offices in the flats of ram building. ..... the powers which are granted to the respondents under the provisions of the maharashtra housing and area development act of 1976 must be exercised reasonably and they cannot be exercised arbitrarily or for purposes other than those of the act or in a manner which nullifies the purpose of the act which is to provide housing and amenities required for leading a wholesome ..... the powers in the present case have not been exercised fairly .....

Sannabasappa Ningappa Bhagoji Vs. Sannagireppa Sankreppa Kumbar and or ...

Court : Karnataka

Reported in : AIR1967Kant117; AIR1967Mys117

..... (b) schemes should be prepared for improving lands falling in category (i) and submitted to government in the agriculture and forests department or to tile secretary, khar lands development board, for sanction so thatthe lands could, after being improved by government, be classified under category (iii) and then disposed of in accordance with the orders applicable to lands ..... the reasons already mentioned, the resolution in question cannot in any manner distract from the power of the collector conferred on him by section 62 of the bombay land revenue code and rule 37 of the rules framed thereunder ..... should have come to the conclusion that the resolution in question conveys nothing more than administrative instructions and the instructions contained therein cannot be operative particularly, when they are opposed to section 62 of the bombay land revenue code and rule 37 of the rules framed under that code.4. ..... quite clearly that resolution cannot in any manner supersede or modify the provisions contained in section 62 of the bombay land revenue code or those contained in rule 37 of the rules ..... any) paid for such land shall include the price of the government right to all trees not specially reserved under the provisions of section 40, and shall be recoverable as an arrear of land revenue. ..... is waste because of its small size or backward shape or situation or is less in extent than the standard area fixed under the bombay prevention of fragmentation and consolidation of holdings act, 1947. .....

Yallappa and Others Vs. The State Of Karnataka and Others

Court : Karnataka Dharwad

..... 14,2(f) the representative of the national dairy development board"; may be struck down as it ultra-virus the section 2s-a of the karnataka state co-operative societies act, 1959 and also article 243-zh of the constitution of india; b) quash the impugned declaration of list of directors dtd.nil, vide annexure-a so far it relates to inclusion of respondent nos.6 to 9 as the directors of 5th respondent society entitled to cast ..... their grievance in these writ petitions is against bye-law of 14.2(c), 14.2(d), 14.2(e) and 14.2(f) of the 5th respondent union, providing for representation in the board, to the joint registrar of co-operative societies, belgaum division, karnataka milk federation, department of animal husbandry and the national dairy development board. ..... since the impugned bye-laws can be questioned in an appeal before the statutory authority as provided under section 106 of the act, i decline to entertain these writ petitions and direct the petitioners to avail the said statutory remedy, by leaving open all contentions raised in these writ petitions for consideration and decision by the statutory authority in the ..... at the threshold, learned advocates appearing for the respondents raised a preliminary objection with regard to maintainability of these writ petitions, on the ground that in view of remedy of appeal under section 106 of the act being available, without exhausting the same, the petitioners cannot maintain the writ petitions, i.e.,. .....

The Special Land Acquisition Officer and Another Etc. Etc. Vs. Sri Sid ...

Court : Supreme Court of India

Reported in : AIR1995SC840; 1995(1)ALT1(SC); JT1994(7)SC275; 1994(4)SCALE782; (1995)2SCC168; 1995Supp(2)SCC168; [1994]Supp5SCR207

..... officer of the karnataka industrial areas development board and the karnataka industrial areas development board are directed against judgments and decrees of the high court of karnataka rendered in their appeals filed under section 54 of the land acquisition act, 1894 - 'the la act'. ..... the said land acquisition cases were appealed against by the lao and the karnataka industrial areas development board - 'the board' by the preferring appeals under section 54 of the la act. ..... very acquired land or a portion of it could be the best evidence of the market value of the acquire land, can such evidence furnished by the award made by the collector under sub-section (2) or similar provisions in any other act determining the amount of compensation payable to a claimant for a portion of the acquired land as agreed to by him with the collector be ignored by the court in determining the market value of ..... parties in these appeals, would be the following :(i) where a court is required to determine compensation for a land on a reference made to it under section 18 of the la act at the instance of a claimant who has not accepted the award made under section 11 of the la act, can it determine the amount of compensation payable for the land exceeding the amount of compensation determined as payable for the same land in the award under ..... 2589-91 of 1994 contended that the acquired lands of the respondent concerned in each of those appeals had since been situated next to the national highway, they had a .....

Dr. Braja Gopal Bag Vs. Smt. Sharmistha Bag

Court : Kolkata

..... time of hearing of the suit, the appellant himself, one bankim behari sasmal, the father-in-law of the brother of the appellant and one kanailal das, the president of the bidhannagar development society, gave evidence in support of the petition for divorce while the respondent herself and her parents as well as one kushadhukh pradhan, neighbour of the respondent, deposed in opposing the petition ..... court was hearing an appeal preferred against an order of the learned single judge of that court affirming the order of the additional district judge, delhi by which the application of the appellant-wife under section 12(1)(a) of the hindu marriage act, 1955, for annulment of the marriage with the respondent husband by a decree of nullity on the ground of impotency or in the alternative for grant of a decree for judicial separation under ..... it appears from record that the learned trial judge referred the respondent for examination by a medical board consisting of a gynecologist, a psychiatrist and any other medical expert as thought fit by the superintendent, midnapur district medical college and hospital, for the purpose of giving report as to whether the wife was ..... such order, the superintendent, midnapur district medical college and hospital constituted a board and the said board after examining the respondent submitted a report to the court. ..... denied all the allegations of the husband and has also subjected herself before the medical board for facing false allegations of the husband.15. .....