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Narayanappa Vs. State of Karnataka and Another

Court : Karnataka

Reported in : ILR1999KAR582; 1999(1)KarLJ595

..... existing city corporation and city improvement trust board area (schedule i of the act).7. ..... agglomeration and situated in any area included within the local limits or a municipality (by whatever name called), a notified area committee, a town area committee, a city and town committee, a small town committee, a cantonment board or a panchayat, but does not include any such land which is mainly used for the purpose of agriculture. ..... agglomeration and situated in any area included within the local limits of a municipality (by whatever name called), a notified area committee, a town area committee, a city and town committee, a small town committee, a cantonment board or a panchayat, but does not include any such land which is mainly used for the purpose of agriculture'. ..... within the bangalore city corporation and trust board area and since the second respondent has only determined the lands of the petitioner with respect to the master plan, it would be appropriate that the second respondent determine the matter ..... urban land ceiling issued a notice dated 8-11-1996 requiring the petitioner to file a declaration under subsection (1) of section 6 of the urban land ceiling and regulation act, 1976 (hereinafter referred to as 'the act').4. ..... be determined by the competent authority is whether these lands are situated within the peripheral area as mentioned in the schedule as on 17-2-1976 the appointed date. ..... there was no dispute regarding the boundary of the bangalore corporation limits in 1976. .....

K.S.R.T.C. Vs. Varghese

Court : Kerala

Reported in : 2004(3)KLT542

..... land acquisition officer, city improvement trust board, mysore v. p. ..... held that it is not proper to fix two types of scales of pay and the state government is also bound to protect the service conditions of the absorbed employees and the state government is not precluded from improving them or granting better pay scales. ..... in other words, when financial position improves, the entire amount as revised can be paid and it is not a direction under section 34 authorising the corporation to put a cut off ..... (2) in the exercise of its powers and performance of its duties under this act, the corporation shall not depart from any general instructions issued under sub-section (1) except with the previous permission of the state government ..... , there is no such notification and no directions were issued by the state government under section 34 of the act to fix a separate cut off date by the corporation. ..... so, in view of the directions issued under section 34 of the act which has force of law and in view of the adoption of ..... effect of the orders passed under section 34 of the act on 22nd march, 1965 with regard to the employees transferred from the erstwhile transport department, effect of the order dated 5th may, 1984 with regard to the employees directly appointed by the corporation, ambit of ..... effect of similar reference of earlier act in subsequent act was considered by the apex court in the following cases: western coalfields ltd. ..... govindan (air 1976 sc 2517). ..... devraj urs (air 1976 sc 1027)).5. .....

Kantilal Chunnilal Porwal Vs. the Municipal Corporation of Greater Bom ...

Court : Mumbai

Reported in : (1999)101BOMLR206

..... preamble to mhada act, 1976 shows that the board is constituted with this act is intended to unify, consolidate and amend the laws relating to housing, repairing and reconstructing dangerous buildings and carrying out improvement works in the slum ..... firstly, because it was for the mhada to carry out repairs under section 76(c) of the maharashtra housing and area development act, 1976 (mhada act) and secondly because mhada has already undertaken to carry out structural repairs to the building and thirdly repairs as per, exhibit 'e' to the petition, should not have been carried out until and ..... said repairs, works or action does not require any structural repairs; and in so far as they do require structural repairs, until such repairs are undertaken by the board :provided that, if any occupier of a building seeks the approval of the municipal commissioner under section 499 of the corporation act, for carrying out structural repairs in respect of any such building, such approval may be given by the municipal commissioner only after consultation with the ..... board, but the occupier shall not be entitled to recover from the owner under the said section 499 the expenses incurred by him on any such structural .....

Sri Kamdeo Kuwar Vs. State of Bihar

Court : Patna

..... in view of the provisions of the bihar non-government elementary schools (taking over of control) act 1976 (bihar act 30 of 1976) (hereinafter referred to as the 'act'), the elementary schools managed by the district board, zila parishad, the municipal board, and the patna municipal corporation, and those opened under the expansion and improvement scheme shall be deemed to have been taken over by the state government with effect from the 1st day of january, 1971 in terms of section 3(1) of the act. ..... it is covered by sub-section (2) of section 3 of the act. ..... it is manifest that the petitioner belonged to a private school managed by its private managing committee and is obviously, therefore, not covered under sub-section (1) of section 3 of the said act. ..... in view of the provisions of sub-section (2) of section 3 of the act. .....

K. Chandrashekar Hegde Vs. Bangalore City Corporation

Court : Karnataka

Reported in : ILR1988KAR356

..... (b) in the case of local planning area in respect of which a planning authority is not constituted under this act, the town improvement board constituted under any law for the time being in force having jurisdiction over such local planning area, and where there is no such town improvement board, the local authority having jurisdiction over such local planning area,'so, by virtue of this definition of the words 'the planning authority' the bangalore development authority becomes the planning ..... as:-consequences to ensue upon the constitution of the bangalore development authority - notwithstanding anything contained in this act, with effect from the date on which the bangalore development authority is constituted under the bangalore development authority act, 1976 the following consequences shall ensue -(i) the bangalore development authority shall be the local planning authority for the local planning area comprising the city of bangalore with jurisdiction over the area which the ..... these two writ petitions are disposed of by a common order since certain common questions arise for consideration in these petitions under the provisions of the city of bangalore improvement act, 1945 (hereinafter referred to as 'the citb act'), the bangalore development authority act, 1976 (hereinafter referred to as the 'bda' act), the allotment of sites rules framed under the citb act and the allotment of sites rules, 1982 framed under the b.d.a. .....

R. Adhikesavulu Naidu and Others Vs. State of Karnataka and Others

Court : Karnataka

..... and also draws attention to the provisions of section 27 of the erstwhile city improvement trust board act which is a provision corresponding to the present section 36 of the bda act which provision of law is referred to in section 27 of the bda act to submit that a compulsory acquisition of land even under the bda act cannot be achieved by availment of the provisions of the bda act alone, but it has to be necessarily supplemented by the provisions of the la act insofar as they are necessary, particularly, for taking further action under ..... the bangalore development authority act, 1976 (for short, bda act) is the successor to city of bangalore improvement act, 1945 and aims at achieving a planned development of city of bangalore. ..... . the bangalore development authority a statutory planning and development authority created under the state law bangalore development authority act, 1976 is a public institution fitting into the expression state and therefore it is imperative that all its actions and orders should be not only fair and non-arbitrary, but also in conformity with the provisions of the bda act and the provisions of the constitution of india, particularly, article 14 of the constitution of india. 62 .....

Chikkamuniyappareddy Memorial Trust, Bangalore Vs. State of Karnataka ...

Court : Karnataka

Reported in : ILR1997KAR2460

..... petitioner-trust cannot challenge the validity or legality of the notification issued by the bangalore development authority exercising its powers under the city improvement trust boards act, 1945, since the lands had been notified for acquisition much earlier to the formation and registration of the trust.8. ..... lastly, learned counsel for the petitioner invites my attention to sub-section (2) of section 1 of the improvement act to contend that what could be acquired under the city improvement trust boards act is only the notified area and if for any reason the authority intends to acquire any other land, the same could be done only by ..... other law or any development scheme sanctioned under this act, or city improvement trust board act, 1945, where the authority or the erstwhile city improvement trust board, bangalore has already passed a resolution to reconvey in favour of any persons any site formed in the land which belong to them or vested in or acquired by them for the purpose of any development scheme and on ..... sub-sections (1) and (3) of section 16 of the bangalore development authority act, 1976 (for short 'bda act') was published in the karnataka gazette dated 21-3-1977 and the final notification under section 19(1) of the bda act was published in the karnataka gazette on 14-5-1980. ..... allotted under this section together with the land already held by the allottee shall not exceed the ceiling limit specified under section 4 of the urban land (ceiling and regulation) act, 1976'. .....

D. Hemachandra Sagar and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : 1999(1)KarLJ510

..... jalatuddin v bangalore development authority and another, the question whether the notification published under section 18(1)(a) of the city improvement trust board act, 1945 is barred under the provisions of the land acquisition (karnataka amendment and validation) act, 1967 prescribing a period of two years for issue of declaration under section 6 of the acquisition act, came up for consideration before a division bench of this court. ..... this court by order dated september 19, 1996, september 26, 1996, and october 7, 1996 made in different petitions allowed those petitions and quashed only the declarations issued under section 19(1) of the act insofar as they relate to the lands of the petitioners, leaving liberty to the authorities to proceed with the impugned acquisition from the stage of considering the report and complete the same within one year from ..... the learned counsel appearing for the petitioners place emphasis on the expressions 'with the previous approval of the government' used in clause (b) of sub-section (1) of section 15 of the bda act and contended that the scheme referred to in clause (a) of sub-section (1) of section 15 for development of the bangalore metropolitan area shall be with the prior approval of the government. ..... a preliminary notification dated december 22, 1988 was issued by the bda under section 17(1) of the bangalore development authority act, 1976, hereinafter called 'the bda act' and the same was published in the gazette dated april 6, 1989. .....

The Bangalore Development Authority, Bangalore Vs. Akkallappa (Dead) b ...

Court : Karnataka

Reported in : 2000(6)KarLJ374

..... other law or any development scheme sanctioned under this act, or city improvement trust board act, 1945 where the authority or the erstwhile city improvement trust board, bangalore has already passed a resolution to reconvey in favour of any persons any site formed in the land which belong to them or vested in or acquired by them for the purpose of any development scheme and on the ground ..... a reading of this section per se reveals that if a resolution has been passed by the bangalore development authority or by the city improvement trust board that a specific land or any site which had been acquired for the purpose of any development scheme, and, that it is not practicable to include that site for the purpose of development scheme and ..... (iii) to any corporation, body or organisation owned or controlled by the central government or the state government; or (iv) to any housing co-operative society registered under the karnataka co-operative societies act, 1959 (karnataka act 11 of 1959); or (v) to any society registered under the karnataka societies registration act, 1960 (karnataka act 17 of 1960); or (vi) to a trust created wholly for charitable, educational or religious purpose: provided that prior approval of the government shall be obtained for allotment of land to any category ..... allotted under this section together with the land already held by the allottee shall not exceed the ceiling limit specified under section 4 of the urban land (ceiling and regulation) act, 1976'.' 11. .....

Abdul Rehman and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : AIR2003Kant311; 2003(4)KarLJ148

..... as stated, it is held that the provisions of the city improvement boards act are identical to the provisions of the bangalore development authority act and therefore, the decision of the supreme court would also be applicable to the provisions of the said act and hence the question referred for decision of this bench is answered in terms of the decision of the supreme court as stated ..... the learned counsel submits that the provisions of the city improvement boards act are identical to the provisions of the bangalore development authority act and therefore the controversy has already been set at rest by the decision of the apex court, which is applicable to the case and therefore the question referred may be answered in terms of the decision of the ..... division bench of this court on 12-4-1999 referred the following question to the full bench:'whether section 35 of the karnataka improvement boards act has adopted the entire land acquisition act or incorporated some of its provisions?'2. ..... proceedings initiated thereunder shall lapse due to any default, the different circumstances and period of limitation envisaged under the central act, 1894, as amended by the amending act of 1984 for completing the proceedings on pain of letting them lapse forever, cannot be imported into consideration for purposes of the bangalore development authority act without doing violence to the language or destroying and defeating the very intendment of the state legislature expressed by the enactment of .....