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Judgment Search Results Home > Cases Phrase: improvement boards act 1976 Page 7 of about 106,995 results (0.145 seconds)

Nov 05 2014 (HC)

Amar Nagar (SRA) Sah. Gruhanirman Sanstha (proposed) and Others Vs. Vi ...

Court : Mumbai

..... by a notification dated 18th march, 1976, the maharashtra slum improvement board of mumbai declared the area bearing survey no.58, amar nagar, borla village chembur, mumbai as a slum ..... is submitted by the learned counsel that since the owner has terminated the agreement with the respondent no.1 and the application of acquisition for acquisition of the land in question under section 14(i) of the act having stood closed by the authorities, the claim for specific performance filed by the respondents before the learned arbitrator itself is not maintainable. ..... legal heirs of the original owner thereafter through their advocate's letters dated 26th april, 2007, 29th april, 2008 and 4th june, 2007 informed the authorities under the slum act about termination of the mou dated 16th december, 2004 and requested various authorities to reject the redevelopment proposal submitted by the respondent no.1. 7. ..... of the said property preferred a writ petition (1352 of 2010) in this court, inter alia challenging the notice under section 14 (i) of the said act and submitted that the owners of the property would present a better and more viable housing scheme for slum dwellers. ..... accepted termination of mou and having accepted the refund of the amount paid from the owner even could not have made and/or pursue the application for acquisition under section 14(i) of the slum act and could not even pursue the application for development under regulation 33 (10) of the development control regulations. 21. mr. .....

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Dec 14 1987 (HC)

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. .....

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Jan 24 2012 (SC)

Bangalore Development Authority Vs. Air Craft Employees Coop.Society L ...

Court : Supreme Court of India

..... it consists of the following areas: (a) area comprising the city of bangalore as defined in the city of bangalore municipal corporation act, 1949 which is now replaced by the karnataka municipal corporations act, 1976, (b) the areas where the city of bangalore improvement act, 1945 was immediately before the commencement of the 1976 act in force, and (c) such other areas adjacent to the aforesaid as the government may from time to time by notification specify. ..... before the constitution of the bda, different authorities like the city of bangalore municipal corporation, the city improvement trust board, the karnataka industrial area development board, the housing board and the bangalore city planning authority were exercising jurisdiction over the bangalore metropolitan area. ..... 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; (c) bangalore metropolitan area means the area comprising the city of bangalore as defined in the city of bangalore municipal corporation act, 1949 (mysore act 69 of 1949), the areas where the city of bangalore improvement act, 1945 (mysore act 5 of 1945) was immediately before the commencement of this act in force and such other areas adjacent to the .....

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Jul 19 1991 (SC)

Bangalore Medical Trust Vs. B.S. Muddappa and Others

Court : Supreme Court of India

Reported in : AIR1991SC1902; JT1991(3)SC172; 1991(2)SCALE131; (1991)4SCC54; [1991]3SCR102; 1991(2)LC415(SC)

..... to begin with the factual setting in which the controversy arose it is undisputed that the city improvement board constituted under city of bangalore improvement act; 1945, prepared the development scheme for bringing into existence an extension of the city of bangalore which came to be known as the palace upper orchards/sadashiv nagar, later came to be known ..... in 1976 the improvement act was repealed and replaced by act 12 of 1976 which came into force ..... section 2 of the karnataka act 18 of 1991 reads:section 2 substitution of section 38a-for section 38a of the bangalore development authority act, 1976 (karnataka act 12 of 1976 (hereinafter referred to as the principal act), the following shall be deemed to have been substituted with effect from the twenty first day of ..... , apart, from if the conversion of the site from park to hospital was in accordance with law and whether a private hospital was an amenity or civic amenity under the bangalore development authority act (act 12 of 1976) (in brief the act) and in any case could it be considered as an improvement, under section 19(4) of the act, if so whether the authorities while doing so acted within the constraints of law.34. ..... an additional area of not less than ten per cent of the total area of the layout for civic amenities, were enacted subsequent to the relevant orders of the government dated 27.5.1976 and 11.6.1976 and the resolution of the bda dated 14.7.76 resulting in the allotment of the site in favour of the appellant. .....

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Oct 25 2007 (HC)

Vitthalrao Chhakorilal Kothare Vs. Thawardas Hasanand Janyani (Dr.) an ...

Court : Mumbai

Reported in : 2008(2)ALLMR169; 2008(1)MhLj492

..... appears to be that the board under the act of 1976 has been empowered to take up the job of improvement in the slums and, therefore, the bar jurisdiction is provided only in respect of the premises under the control or authority or management of the board for improvement etc. ..... appears that under section 108 of the act of 1976, the board is entitled to declare the particular area as slum improvement area and further authorizes it to carry out slum improvement work in that area. ..... the act of 1976, a particular area may be declared by the board as slum improvement area, but it is not necessary that the entire house properties or other premises under the said notification automatically become the 'authority premises' within the meaning of section 2(4) of the act of 1976. ..... danger to the health, safety or convenience of the public of the area or of its neighbourhood, by reason of such area having inadequate or no basic amenities, or being insanitary, squalid, overcrowded or otherwise, and where the board decides to carry out any improvement works in such area, it shall cause such area to be defined in a map, and then it shall by an order published in the official gazette, declare such area to be a slum ..... board may not take the responsibility of entire premises under the notification issued under section 108(1) for improvement but the board may take the responsibility only in respect of some of the premises out of the all premises notified under section 108(1) of the act for improvement, .....

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Jul 11 2014 (HC)

R. Shankaran and Others Vs. The State of Karnataka and Others

Court : Karnataka

..... -a and etc; this writ petition filed under articles 226 and 227 of the constitution of india, praying to quash the preliminary notification dated 21.5.2008 issued under section 17(1) and (3) of the bda act 1976, vide annexure-c to the writ petition and also the final notification dated 18.2.2010 vide annexure-d of the writ petition, issued by the first respondent and etc; this writ petition filed under articles ..... under articles 226 and 227 of the constitution of india, praying to quash the preliminary notification dated 21.5.2008, published in karnataka gazette dated 22.5.2008 issued under section 17(1) and (3) of the eda act, 1976 at annexure-a by the 2nd respondent and final notification dated 18.2.2010 issued under section 19(1) of the bangalore development authority act, 1976, issued by the 1st respondent vide annexure-b in so far as to the petitioners schedule lands are concerned. ..... and 227 of constitution of india praying to quash the preliminary notification issued under section 17(1) dated 21.5.2008 gazetted on 22.5.2008 and the final notification issued under section 19(1) of bangalore development authority act, 1976 dated 18.2.2010 gazetted on 18.2.2010 issued by the second respondent as per annexure d and j in so far as lands belonging to the petitioners. ..... the bangalore act, as its preamble states, is really concerned with the "improvement and future expansion of the city of bangalore, and for the appointment of a board of trustees with special powers to carry out .....

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Aug 23 1990 (HC)

Telecom Employees Co-operative Housing Society Ltd. Vs. Scheduled Cast ...

Court : Karnataka

Reported in : ILR1990KAR3320

..... , which are constructed either for special purposes, or for tests or trials, (b) of vehicles or trailers, or types of vehicles or trailers, constructed for use outside the united kingdom, and (c) of new or improved types of motor vehicles or trailers, whether wheeled or wheelless, or of motor vehicles or, trailers equipped with a new or improved equipment or types of equipment; and nothing in the foregoing provisions of this section shall prevent the use of such vehicles, trailers, or types aforesaid in accordance with the order. ..... having regard to the above arguments, two questions arise for our determination namely:-(i) under the provisions of the bangalore development authority act, 1976, whether the bangalore development authority has power to make bulk allotments, and what is the scope of section 38? ..... it was further provided under section 68 that the 'housing board established under the karnataka housing board act, 1962, shall not undertake any housing scheme except in conformity with the layout plan approved by the bda. ..... having analysed the provisions of section 49, we may now turn to consider the argument advanced on behalf of the board that a stipulation binding the board not to charge anything more than a specific rate would be void as it would have the effect of divesting the board of the power to fix and refix charges entrusted to it under section 49, or hindering or fettering its future exercise. .....

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Jul 22 2014 (HC)

Sudhakar Hegde and Others Vs. State of Karnataka and Others

Court : Karnataka

..... this writ petition is filed under articles 226 and 227 of the constitution of india praying to declare the issue of the additional preliminary notification dated 15.1 i.2006 vide annexure-d under section 17(1) and (3) of the bda act, 1976, insofar as it relates to the proposal to acquire the petitioner's land shown in the schedule in sy.no.81/1, 81/2, 85 and 36 of seegehaili, vide item nos.511, 512, 515 and 516 is illegal, arbitrary, unconstitutional and void and quash the same, ..... this writ petition is filed under articles 226 and 227 of the constitution of india praying to declare the issue of the preliminary notification dated 15.11.2006 vide annexure-d under section 17(1) and (3) of the bda act, 1976 insofar as it relates to the proposal to acquire 30 guntas of land in sy.no.64/2 of seegehaili vide item no.501 as illegal, arbitrary, unconstitional and void and quash the same and etc. ..... this writ petition filed under articles 226 and 227 of the constitution of india praying to quash the preliminary notification under section 17(1) and (3) of the bda act of 1976 dated 23.9.2005 and published in the gazette dated 27.9.2005 vide annexure-r and to quash the final notification dated 23.4.2007 and published in gazette dated 29.6.2007 vide annexure-t ..... . the bangalore act, as its preamble states, is really concerned with the "improvement and future expansion of the city of bangalore, and for the appointment of a board of trustees with special powers to carry out the aforesaid purposes" .....

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Nov 19 2004 (HC)

D. Narayanappa Vs. the State of Karnataka, by Its Secretary, Housing a ...

Court : Karnataka

Reported in : ILR2005KAR295

..... taluk was acquired by the erstwhile city improvement trust board (present bda) for formation of hal ii stage lay-out in exercise of its power under the provisions of bangalore city improvement trust boards act of 1945 (in short referred to as ..... pertaining to the land in question are furnishing, a copy of gazette notifications dated 16.6.1977 is produced to prove that possession of the land was alleged to have been taken from the petitioner on 28.12.1976.viii) in the records produced by the bda, at pages 17 and 18 acknowledgment is produced for having handed over possession of the land in question. ..... dispose of the sites either by way of allotment or sale of the same in accordance with the rules framed by the state government in exercise of its statutory power under section 38 of the bda act of 1976 (in short referred to as 'bda act'). ..... according to the bda, possession of the land in question was taken only on 28.12.1976, which is more than 12 years from the date of declaration made in the ..... of the bda act is concerned, the provisions of bda act are not applicable as the said act itself was enacted subsequently in the year 1976 and it has received the assent of the governor on 2nd march 1976, published in the karnataka gazette extraordinary on 8.3.1976. ..... in any proceedings.xi) assuming that bda took possession of the land on 28.12.1976, from whom it took possession, how it took possession and how and when the structures upon the land came-up, are not known to it and the same is not .....

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Mar 22 2002 (SC)

Munithimmaiah Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : AIR2002SC1574; JT2002(3)SC254; 2002(3)SCALE194; (2002)4SCC326; [2002]2SCR825; (2002)2UPLBEC1558

..... 31.1.1980 the government of karnataka published a notification under section 19(1) of the bangalore development authority act, 1976 [hereinafter referred to as `the act'] making known about the sanction of an improvement scheme for the formation of layout called 'west of chord road, iv stage', and the publication of preliminary notification on 25.7.1974 and the declaration then made under section 19 of the act that the lands specified in the said notification, noticed supra, are needed for a public purpose ..... certain conditions, which, among other things, included compliance with the formalities prescribed by and obligations to the city improvement trust board or need to secure the approval for the layout and building plans from the said board and obtaining of necessary licences, etc. ..... above decisions, this court, after adverting to an earlier decision reported in the land acquisition officer, city improvement trust board, bangalore vs h. ..... for the appellant on the decisions reported in the special land acquisition officer, city improvement trust board, mysore vs p. ..... filed objections, among other things, stating that already a proposal dated 12.8.1974 for formation of a private layout under section 25 of the city improvement trust board act was submitted by him and the same was pending with the cit board. ..... of the bangalore development authority also informed on 19.8.1982 that the land comprised in survey no.81/6, noticed above, was not really required by the cit board for its schemes. .....

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