Court : Karnataka Dharwad
..... which are now well settled; we are inclined to grant a limited indulgence in the matter as under and for the following reasons: a) appellant is constituted as a statutory authority under the provisions of the karnataka improvements board act, 1976; it has statutory power to acquire and dispose of :6. ..... not notified to the learned single judge, either; this is a grave & culpable lapse on the part of the writ petitioner, if not the other side; this mla ought to have recused from the board meeting when it s agenda was the grant of land to his brother; the apex court has time & again observed that the participation of relatives in the decision making process taints the decision and renders ..... and learned government advocate do not dispute the entitlement of the writ petitioner to the allotment of an industrial site of reasonable size and passing of the subject resolutions; in fact, the appellant had passed a resolution in the board meeting dated 16.06.2007 for allotting a commercial site admeasuring 7 acres & 39 guntas in sy.nos.134/2a & 2b in his favour at the rate for which allotments were made in favour of anjuman and kalidasa educational institutions ..... : the allotment is not regulated by law can not be disputed; admittedly we have the 2004 rules promulgated under the 1976 act; the apex court in a catena of decisions has ruled that the property held by the state & its instrumentalities is always in public trust and therefore allotment of the same by sale, lease or otherwise has to be .....
Tag this Judgment!Court : Karnataka Dharwad
..... air2012sc446 5 the facts in the said case were that the gulbarga development authority (gda), consequent upon its desire to acquire land for raising a residential layout, issued a preliminary notification under section 15(1) of the city improvement trust board act, 1976 on 13.05.1982. ..... patil, government pleader for respondents 1 to2) 2 this miscellaneous first appeal is filed under section 54 of the land acquisition act, 1894 against the judgment and award dated 20.09.2012 passed in lac no.38/2012 on the file of the senior civil judge at koppal, partly allowing the reference petition for compensation and seeking enhancement of ..... in 2009 in lal chand's case (supra) and in 2010 in andhra pradesh housing board's case (supra), it has been held, that while applying the sale consideration of a small piece of developed land, to determine the market value of a large tract of undeveloped acquired land, deductions between 20 to 75 percent could be ..... in lal chand's case (supra) and in andhra pradesh housing board's case (supra), this court expressed the upper limit of permissible deductions as 75 ..... same was notified for acquisition as per notification dated 29.3.2010, under section 4 (1) of the land acquisition act, 1894, (hereinafter referred to as the la act , for brevity) for the purpose of construction of a 250 bed hospital. ..... amritsar improvement trust & ..... appellant had filed a petition under section 18(1) of the la act seeking enhancement of the market value at rs.1.50 crore per acre. .....
Tag this Judgment!Court : Karnataka Dharwad
..... 15(1) of the city improvement trust board act, 1976 on 13.05.1982. ..... in 2009 in lal chand's case (supra) and in 2010 in andhra pradesh housing board's case (supra), it has been held, that while applying the sale consideration of a small piece of developed land, to determine the market value of a large tract of undeveloped acquired land, deductions between 20 to 75 percent could be made. ..... in lal chand's case (supra) and in andhra pradesh housing board's case (supra), this court expressed the upper limit of permissible deductions as 75 percent. ..... amritsar improvement trust and ors. ..... 4(1) of the land acquisition act, 1894, (hereinafter referred to as 'the la act', for brevity) for the purpose of construction of a 250 bed hospital. ..... (xii) andhra pradesh housing board v/s. k. ..... 18(1) of the la act seeking enhancement of the market value at rs. .....
Tag this Judgment!Court : Karnataka Dharwad
..... submitted by the respondent no.5, in the interest of justice and equity; issue writ in the nature of mandamus and issue appropriate directions to the respondents no.1,3 to7to quantify and pay compensation under section20of the slum act in respect of06acres18guntas15annas in sy.no.37/3a of nekar nagar, ayodhya village (v) at the earliest, in the interest of justice and equity; alternatively, direct the respondents no.1,3 to7to pay damages and relocate all the slum dwellers from06acres18guntas15annas ..... 2023 is that, respondent no.2 herein issued a notification under section 3 of the karnataka slum areas (improvement and clearance) act, 1956 ( the slum act , for short) notifying the land belonging to the petitioner bearing r.s.no.37/2b measuring 1 acre 26 guntas. ..... section 17 is very clear that, where the government is satisfied that, for the purpose of executing any work of improvement in relation to any slum area or any building in such area or for the purpose of re- developing any slum clearance area, or for the purpose of rehabilitating slum dwellers, it is necessary to acquire ..... board also vehemently contend that, by issuing possession certificate only recognized their possession and notification was issued by the government under section 3 of the karnataka slum areas (improvement and clearance) act ..... hon ble apex court in the above judgment also, it is clear that respondents have declared the land as slum area having taken note of scope of section 3(a) of the act and even it is for the purpose of improvement .....
Tag this Judgment!Court : Karnataka Dharwad
..... submitted by the respondent no.5, in the interest of justice and equity; issue writ in the nature of mandamus and issue appropriate directions to the respondents no.1,3 to7to quantify and pay compensation under section20of the slum act in respect of06acres18guntas15annas in sy.no.37/3a of nekar nagar, ayodhya village (v) at the earliest, in the interest of justice and equity; alternatively, direct the respondents no.1,3 to7to pay damages and relocate all the slum dwellers from06acres18guntas15annas ..... 2023 is that, respondent no.2 herein issued a notification under section 3 of the karnataka slum areas (improvement and clearance) act, 1956 ( the slum act , for short) notifying the land belonging to the petitioner bearing r.s.no.37/2b measuring 1 acre 26 guntas. ..... section 17 is very clear that, where the government is satisfied that, for the purpose of executing any work of improvement in relation to any slum area or any building in such area or for the purpose of re- developing any slum clearance area, or for the purpose of rehabilitating slum dwellers, it is necessary to acquire ..... board also vehemently contend that, by issuing possession certificate only recognized their possession and notification was issued by the government under section 3 of the karnataka slum areas (improvement and clearance) act ..... hon ble apex court in the above judgment also, it is clear that respondents have declared the land as slum area having taken note of scope of section 3(a) of the act and even it is for the purpose of improvement .....
Tag this Judgment!Court : Karnataka Dharwad
..... on the other hand the club is seeking the equitable remedy against forfeiture under section 114 of the transfer of property act where it has proceeded on the basis that the trust is its lessor and the club is the lessee and as a lessee it has to pay the lease rent to the trust. ..... , pronounced the following:- judgment this appeal by the defendants, a state owned, industrial area development board, is directed against the judgment and decree dated 12.12.2012, in o.s.no.88/2010, on the file of principal senior civil judge and cjm, dharwad decreeing the suit.2. ..... incontrovertible facts of this case, based on the pleadings, trial court records and oral & written submissions of the learned counsel are as follows:- i) appellant is a state owned statutory board established for the purpose of acquiring land for industries and purposes connected thereto. ..... : vii) that the deposition of pw.1 (respondent no.2) that the schedule property was acquired by the appellants at rs.1.25 lakhs per acre and allotment has been made at rs.5 lakhs per acre without any improvement in the land has remained uncontroverted. ..... i) it is important to note that the appellants are a state owned statutory board established for the purpose of securing establishment of industrial areas and to promote establishment and orderly development of industries. ..... further, the suit was barred by limitation and also hit by provisions of karnataka industrial areas development board ( kiadb act for short).6. .....
Tag this Judgment!Court : Karnataka Dharwad
Reported in : 2011ILR(Kar)2004; 2011(4)KCCR2844
..... however despite holding section 314 valid, in terms of the assurances given by the state government in its pleadings before the court, it is directed that the pavement dwellers who are censused or who happened to be censused in 1976 should be given though not as a condition precedent to their removal, alternate pitches at malavani or, at such other convenient place as the government considers reasonable but not further away in terms of distance; slum dwellers who were ..... given identity cards and whose dwellings were numbered in the 1976 census must be given alternate sites for their re-settlement before eviction; slums which have been in existence for a long time, say for twenty years or more, and which have been improved and developed will not be removed unless the land on which they stand or the appurtenant land, is ..... though the slum clearance board has issued notices under section 3(1) of the slum area (improvement and clearance) act, 1956 dated 19.12.2001, no further action has been initiated in furtherance ..... section 3(1) of the slum area (improvement and clearance) act 1956 is without notice to the corporation ..... , placed or deposited in contravention of section 288-b; any article, whatsoever, hawked or exposed for sale in any public place or in any public street in contravention of section 288-c and any vehicle, package, box, board, shelf or any other thing in or on which such article is placed, or kept for the purpose of sale. 10. .....
Tag this Judgment!Court : Karnataka Dharwad
..... on the other hand, the learned single judge of the high court though adverted to the principles laid down by this court with reference to acquisition of land under the land acquisition act and section 9 of cpc committed an error in remanding the matter to the trial court on the ground that the plaintiffs were not given opportunity to adduce evidence to show that their ..... notifications in accordance with the bda act, 1976 and the possession had also been taken over and thereafter it was handed over to the engineering section on 22.06.1988 after completion of all formalities, the award for the acquired land having been made and compensation having been deposited in the civil court under sections 30 and 31(2) of the act, the bda being in possession of the suit property on the date of filing ..... public purpose, held that the procedure has not been followed for surrendering of the land to the erstwhile owners and the respondent having purchased the land and improved the same, was an equitable owner of the land. ..... having been made, steps was taken by the housing board to have the encroachers ejected from the acquired land ..... scc 229, a notification under section 4(1) of the act was published on 13.02.1957, proposing to acquire the disputed land for construction of houses by the housing board and by publishing a declaration under section 6 on 27.03.1957, the disputed land was acquired, the possession of which was taken and handed over to the housing board. ..... and handed over to the housing board. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the defendant also pleaded that under the provisions of karnataka municipal act 1976, it had full power to increase the rent, more so in view of the order of the government of karnataka. ..... the defendant leased this property to the respondent-plaintiff (hereafterwards referred to as plaintiff) on 15.11.1976 for establishment of a saw-mill. ..... 474 of karnataka municipality act to further hold that if at all a demand could have been made for arrears of rent, it should be within 6 years after the amount fell due. ..... this appeal was admitted on the substantial question of law, "whether suit of the plaintiff is maintainable without issuing statutory notice under section 482 of karnataka municipal corporation act."? .....
Tag this Judgment!Court : Karnataka Dharwad
..... down the same in its entirety; b) alternatively, to declare that hindus as a religious denomination within the meaning of article 26 of constitution of india and accordingly to declare that karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act 27 of 2011) and rules 2002, can have no application to hindus and their right to establish, manage and administer their own religious charitable institutions; c) to issue directions to the state government to enact a legislation on ..... to such institution; or (iv) if he is appearing as a legal practitioner for or against the institution; or (v) if he has been sentenced by a criminal court for an offence involving moral turpitude; such sentence not having been reversed or offence pardoned; or (vi) if he has at any time acted adverse to the interest of the institution; or (vii) if he is an office holder other than archaka or a servant attached to or a person in receipt of any emolument or perquisite from such institution; or (viii) if he is addicted to intoxication, liquor or drugs; or (ix) if he is not a hindu, or ..... (a) to the karnataka appellate tribunal constituted under the karnataka appellate tribunal act, 1976 (karnataka act 10 of 1976), where the prescribed authority is the commissioner; (b) to the commissioner, if the order passed is of the deputy commissioner; and (c) to the deputy commissioner, if the order passed is of the ..... travancore devaswom board and others, air 2002 sc 3538 .....
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