Court : Karnataka
Reported in : ILR1991KAR3332; 1991(3)KarLJ435
..... march 1981 (annexure-a) reads as under:'in exercise of the powers vested under section 15(1) of the karnataka improvement boards act, 1976, it is hereby notified by the improvement board, mangalore, for information of the general public that the improvement board of mangalore, has prepared a residential development scheme for the area mentioned in the schedule appended and in respect of which a map showing the area comprised in the scheme, a statement of the lands in regard to which it is ..... therefore, there is no doubt that mere publication of the notifications under sections 15(1) and 18(1) of the karnataka improvement boards act, 1976, does not result in the acquisition of the land/property; it only paves the way for acquisition of ..... under articles 226 and 227 of the constitution, the petitioners have sought for a declaration that the provisions of karnataka improvement boards act, 1976 (hereinafter referred to as 'the act') are ineffective and inoperative as the act was not reserved for consideration and assent of the president, because according to the petitioners, the said act provides for compulsory acquisition of the property. ..... pointed out that the notifications issued under sections 15(1) and 18(1) of the karnataka improvement boards act, 1976 correspond to the notifications issued under sections 4(1) and 6(1) of the land acquisition act, 1894. ..... whether the karnataka improvement boards act, 1976 ought to have been reserved for the consideration of the president and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1555
..... the all-round development of the urban area of davangere city of chitradurga district, the karnataka improvement boards act, 1976 (karnataka act 11 of 1976) ('the act'), inter alia, provides for the establishment of an improvement board named after that city called 'the improvement board, davangere' (board) from 1-11-1975 (vide section 1(3) of the act) which is functioning ever since then with a chairman and other members appointed from time to ..... is material reads thus :'notificationin exercise of the powers conferred under sections 3 and 4 of the karnataka improvement boards act, 1976, the government of karnataka hereby reconstitute the improvement board, davangere, with the following with immediate effect and until 31-12-1985.1.sri t. g. ..... is material reads thus :' notificationin exercise of the powers conferred by section 4 of the karnataka improvement boards act, 1976, the government of karnataka hereby appoint the following persons as members of the improvement board, davangere with immediate effect :1.sri t. g. ..... case, 1979 (2) klj 238 the facts were these: siddappa had been appointed by government on 27-1-1976 without specifying any term as the chairman of the improvement board of shimoga under the act. ..... sangappa bin sharanappa,labourleader, ashok road,davangere..member2 the improvement board davangere, will be further reconstituted with the following with effect from 1-1-1986 and until further orders ;1.sri h.m.somanathaiah hiremath, kayipet, davangere-1..chairman2.sri .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1989Kant24
..... of the petitioners is that the state government having failed to acquire these lands in the earlier two attempts have now thought upon and engineered the' scheme of acquiring these lands by having recourse to the karnataka improvement boards act, 1976 ('the improvement act' for short). ..... accordingly, a scheme was sought to be framed under the improvement act and under that scheme, under the guise of providing sites to the persons belonging to the weaker sections of the community in shimoga city, the state government as well as the city improvement board, the 2nd respondent are, now trying to dispossess the petitioners from their valuable lands which are agricultural lands and thereby they are going to the deprived of their main source of livelihood. ..... there also, a scheme prepared under the improvement act by the city improvement board of davanagere was challenged by the petitioners on various grounds inclusive of art. ..... some of the petitioners, that is, petitioners 2 and 3 had no notice of the acquisition proceedings initiated under the improvement act: that the declaration made by the government sanctioning the scheme as prepared by the 2nd respondent-board is hit by the provisions of the karnataka town and country planning act, 1961 (hereinafter referred to as the 'planning act') inasmuch as the permission of the authorities under the planning act was not obtained by the state government before it made the declaration under s. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3629
..... this submission is countered by the learned government advocate by stating that the karnataka improvement boards act, 1976 is a complete code itself including acquisition of lands. ..... the facts are as under:-the writ petitions are to quash the notification dated 23-12-1983 issued under section 13(1) of the karnataka improvement boards act, 1976 (the act for short), as well as the preliminary notification dated 24-11-1977 issued under section 15(1) of the act.2. ..... the preamble reads:'an act to provide for the establishment of improvement boards for the development of urban areas in the state of karnataka..... ..... the city improvement board, gulbarga (hereinafter called the board), one of the respondents in these writ petitions, has been constituted under the provisions of the act. ..... one such board is the city improvement board, gulbarga, one of the respondents herein. ..... (2) for the purpose of sub-section (2) of section 50 of the land acquisition act, 1894, the board shall be deemed to be the local authority concerned. ..... board to have power to acquire land by agreement - subject to the provisions of this act and with the previous approval of the government, the board may enter into an agreement with the owner of any land or any interest therein whether situated within or without the urban area for the purchase or lease of such land or interest therein for the purpose of this act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR4989; 2000(6)KarLJ401
..... siddappa v state of karnataka and others, the validity of an order removing the chairman of the improvement board, shimoga was called in question among others on the ground that section 5 of the karnataka improvement boards act, 1976, which provided that the chairman and members shall hold office for a period of three years subject to the pleasure of the government was arbitrary and offensive to article 14 of the constitution. ..... section 5 of the karnataka urban development authorities act, 1987 is in pari materia with section 5 of the karnataka improvement boards act, 1976 and specifically provides that appointments of chairman and members of the authority shall be subject to the pleasure of the government. ..... that was also a case of removal of the petitioner from the chairmanship of davangere improvement board on cessation of the pleasure of the government. ..... govindappa v chief secretary to government of karnataka and another, in which removal of petitioner from the membership of the karnataka electricity board at the pleasure of the government was assailed inter alia on the ground that the termination was arbitrary, hence liable to be quashed as violative of article 14 of the constitution. ..... relying upon the decision of this court in janab shastry khaja hussain v karnataka board of wakfs, bangalore and another, it was argued that the validity of an order made on the basis of the pleasure theory could also be examined on the touchstone of article 14 of the constitution.3. .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(6)KarLJ332
..... - (i)belonging to the state government; or(ii)which is a revenue site owned by him; or (iii)belonging to him which is proposed to be acquired in connection with any development scheme of an authority, in relation to which a notification under the bangalore development authority act, 1976, or under section 17 of the karnataka urban development authorities act, 1987, or under section 15 of the karnataka improvement boards act,1976, is published and which has not yet vested in favour of any authority for which the acquisition is proposed. ..... on the land belonging to another person over which former has no title; (vi)unauthorized constructions having more than two floors including ground floor; (vii)unauthorized constructions made in violation of urban land (ceiling and regulation) act, 1976 (central act 33 of 1976); (viii)unauthorized constructions made on the land belonging to or vested in any authority or a local authority; (ix)unauthorized constructions on any land reserved for parks, playgrounds, open places or for providing any civic amenities ..... 56, 58 and 69 of gavipuram village in the wake of the acquisition by the erstwhile city improvement trust board and for grant of any such other reliefs as court deems fit.3. ..... in paragraph 11 of the writ petition, it has been stated that the respondent 2-authority has come to own these lands after the rights, liabilities and charges of the erstwhile city improvement trust board came to be transferred to the bangalore development authority. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(3)KarLJ576
..... have been proposed to be acquired in connection with the developmental schemes in relation to which the notification had been issued under either of the acts namely bangalore development authority act, 1976 or under section 17 of the karnataka urban development authorities act, 1987 or under section 15 of the karnataka improvement board act, 1976 and the notification should have been published, but the property has not vested by then in any authorities for which acquisition is proposed to be ..... undisputed that the land was acquired by the city improvement trust board in 1970 and the land stood vested in it and city improvement or bangalore development authority in which land stands vested the authority under the act. ..... been notified for the formation of sarakki layout by erstwhile city improvement trust board vide its preliminary notification dated 13-5-1969 bearing no. ..... learned counsel also submitted that, firstly the application for regularization itself had not been made in time as prescribed under the act and secondly, in view of act, the regularisation could not be granted, therefore, the petitioner is not entitled to the direction which has been sought by him to direct ..... construction should have been made in the urban area prior to 31-3-1990: that the construction should not come within the category of the constructions specified under section 4 of the act: that the unauthorized construction must have been made on the land of either of the three categories specified therein. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC234; JT1994(6)SC567; 1994(4)SCALE559; (1995)1SCC295; [1994]Supp4SCR432
..... the acquisition proceedings were started under the provisions of karnataka improvement boards act, 1976. ..... 36 acres and 6.5 guntas was not converted into non-agricultural land (hereinafter referred to as the 'disputed land') with the result that for the purposes of the revenue act, it continued to be considered as agricultural land.improvement board, davanagere, sought to acquire land to the extent of 28 acres and 14 guntas from the disputed land for the purpose of 'devraj urs lay-out'. ..... the high court by the impugned decision allowed the writ petition by holding that the improvement board as an agency of the government having taken possession of the land under section 16 of the land acquisition act, in the acquisition proceedings, the land had vested in the government free from all ..... the appeal filed by the improvement board against the said order was dismissed on 13th november, ..... pursuance of the final notification issued in the year 1977, the possession of the land was taken by the improvement board on 9th august, 1978. ..... wishes to divert such land or any part thereof to any other purpose, he shall apply for permission to the deputy commissioner who may, subject to the provisions of this section and the rules made under this act, refuse permission or grant it on such conditions as he may think fit; the obvious purpose of this section is to prevent indiscriminate conversion of agricultural land for non-agricultural use and to regulate and control the conversion of agricultural .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(4)KarLJ464
..... , or(iii) belonging to him which is proposed to be acquired in connection with any development scheme of an authority, in relation to which a notification under the bangalore development authority act, 1976, or under section 17 of the karnataka urban development authorities act, 1987, or under section 15 of the karnataka improvement boards act, 1976, is published and which has not yet vested in favour of any authority for which the acquisition is proposed.may, on the application of such person made within sixty days ..... act, 1976 or under section 17 of the karnataka urban development authorities act or section 15 of the karnataka improvement boards act has been published and the land has not till the date of coming into force of the act vested in the authority for which it has been proposed to be acquired, the authority may on the application made by such persons, that is, the person who has made the unauthorised constructions to regularise the constructions in accordance with the provisions of the act ..... belonging to another person over which former has no title,(vi) unauthorised constructions having more than two floors including ground floor;(vii) unauthorised constructions made in violation of urban (land ceiling and regulations) act, 1976 (central act 33 of 1976);(viii) unauthorised constructions made on the land belonging to or vested in any authority or a local authority;(ix) unauthorised constructions on any land reserved for parks, play grounds, open places or for providing .....
Tag this Judgment!Court : Karnataka
Reported in : 2005(6)KarLJ636
..... act was enacted in the year 1987 by the, state legislature, there was in force in the state of karnataka, the karnataka improvement boards act, 1976 and the city of mysore improvement act ..... second contention, it is urged that the provision of the bangalore development authority act, 1976, analogous to section 32(5) of the act does not stipulate the condition to agree for transfer of open spaces and ..... single judge of this court, upholding the constitutional validity of sub- section (5) of section 32 of the karnataka urban development authorities act, 1987 (for short, 'act'), while declining to declare the petitioners to be owners of the civic amenity sites and that the urban development authority has no right ..... which is different from acquisition of land for public purpose under the land acquisition act;(b) forming a layout on the part of the appellants is a voluntary act whereas acquisition of a land under the land acquisition act for a public purpose is an involuntary action; and(c) forming a layout is a business venture of the appellants whereas acquisition of a land under the land acquisition act is a forced taking over of a land of a private person without ..... their learned counsel, are two-fold and they are:(i) any form of compulsory acquisition of private land should be done only under the land acquisition act, 1894;(ii) the condition requiring the appellants to transfer the land without compensation is arbitrary, unreasonable and is violative of article 14 of the constitution.4 .....
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