Court : Karnataka
Reported in : ILR1986KAR154
..... petitioners claiming to be the owners of certain land in survey number 57/4 (renumbered as 57/109) situate at shabanur village, davangere taluk, have challenged the validity of the acquisition proceedings initiated by the authorities under the provisions of the karnataka improvement boards act, 1976 (hereinafter referred to as the act). ..... as the preamble to the act discloses, it provides for the establishment of improvement boards for the development of urban areas in the state of karnataka and for matters connected therewith and to provide for the establishment of improvement boards for the development of urban areas in the state. ..... narayanayya, : [1977]1scr178 while dealing with the provisions of the city of bangalore improvement act, which provided for the acquisition of lands, namely sections 14 to 18 of the city of bangalore improvement act, held :'it will be seen that section 16 of the bangalore act provides even more elaborately for the publication of the initial notice which is given in section 4(1) of the acquisition act so that any representations which the objectors may have to make may be considered by the board itself under section 17 of the bangalore ..... under section 15 of the act, the board is competent to prepare a development scheme or an improvement scheme and also prepare a draft notification stating the fact of a scheme having been made and naming a place where the particulars of the scheme, a map of the area comprised therein and a statement specifying the .....
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 : ILR1988KAR963; 1987(1)KarLJ99
..... 20-6-1983, the petitioner made anapplication to the respondent under section 31 of the karnatakaimprovement boards act, 1976 (for short the 'act') for grant ofsanction for the purpose of forming a layout as per the original ofannexure-a ..... patil, learned counsel for the respondent, urged that as nobye-laws have been framed by the board, the board could not havedetermined the question as to whether the scheme of the petitioner wasin accordance with bye-laws ..... therefore, the order of refusal passed by the boardis not in accordance with sub-section (6) of section 31 of the act.hence, even if it is held that the order was passed within six months,as it is not in accordance with subsection (6) of section 31 of theact, it is ineffective ..... respondent has filed written objections contending interalia, that the notice annexure-f is valid, that as therespondent-board refused the request of the petitioner for sanctionwithin six months, it is valid refusal as it is not required to becommunicated according to subsection (8) of section 31 of the act andthat the application of the petitioner is not a valid application asit was not accompanied by plans and estimates as required bysubsection (2) of section 31 of the act.3. ..... section (2) ofsection 31 of the act reads thus;'any person intending to form an extension or layout or tomake a new private street shall send to the chairman, a writtenapplication with plans and estimates showing such particulars, as maybe prescribed by bye-taws made by the board. .....
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 : 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 : 1991(2)KarLJ356
..... lastly, it is contended that sub-section (5) of section 17 of the act which is in pari materia with sub-section (3) of section 15 of the karnataka improvement boards act, 1976 has been interpreted by this court in w.p.no. ..... to pay the property tax or land revenue assessment on any building or land which it is proposed to acquire in executing the scheme, or in regard to which the board proposes to recover a betterment fee, stating that the board proposes to acquire such building or land or to recover such betterment fee for the purpose of carrying out an improvement scheme and requiring an answer within thirty days from the date of service of the notice, stating whether the person so served dissents or not ..... (s) 201/82-83 dated 15-7-1982 published in the official gazette of 26-8-1982 issued under sub-sections (1) and (3) of section 17 of the bangalore development authority act, 1976 (hereinafter referred to as 'the act') notifying that the lands stated in the schedule to the notification are proposed for acquisition for the purpose of nagarabhavi layout. ..... city improvement trust board has considered the question as to whether the provisions contained in sub-section (2) of section 16 of the city of mysore improvement act, 1903 are mandatory or directory. ..... sub-section (2) of section 16 of the city of mysore improvement act, 1903 is in pari materia with sub-section (5) of section 17 of the act with which we are concerned. ..... city improvement trust board, : ilr1990kar3746 .10. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR3119
..... the termination of the office of a member of karnataka improvement board, constituted under the karnataka improvement boards act, 1976, when that appointment was cancelled in exercise of the pleasure doctrine under section 5 of the karnataka improvement boards act. ..... placing reliance on the aforesaid concept of pleasure of the government as embodies in section 5(1) of the karnataka improvement boards act, it was held that the period prescribed under section 5 is not a security for the holder of the office and that a limitation was imposed by the legislation by ..... powers under section 5(1) of the art validly terminates the membership;2) when the concerned member is removed under section 6 of the act; 3) when the concerned representative of the local authority who has become a member of the board under section 3(3)(i) ceases to be a councillor of that local authority, and4) when local authority whose representative is in the board is superseded.therefore, it cannot be said that once the proviso operates the pleasure doctrine as engrafted by section 5(1) of the ..... but learned single judge placing reliance on section 5 sub-section (1) of the act, took the view that when the appellant's very appointment was by way of nomination by the state government, his tenure and term of his office were subject to the pleasure of the government and once the government decided to withdraw the appellant from the board of chitradurga urban development authority, he had to make room for the duly elected .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1994Kant209; ILR1993KAR3103; 1993(4)KarLJ275
..... 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 vested in favour of any authority for which the acquisition is proposed ..... , (1) the urban land (ceiling and regulation) act, 1976, (2) the land reforms act, 1974, (3) the karnataka village panchayats and local boards act, 1959, and (4) the karnataka land revenue act, 1964, the legal consequences of such violation are provided in the respective enactments itself, and therefore the directions contained in the impugned circulars, which are more in the nature of a preventive measure in ..... lands are within the 'grama-tana', thereby enabling registration of documents by the sub-registrars concerned in 'violation' of the provisions of (1) the urban land (ceiling and regulation) act, 1976; (2) the land reforms act, 1974, and (3) the karnataka village panchayats and local boards act, 1959.5. ..... 1662 of 1989 that if exemption is granted by the government under section 20 of the urban land (ceiling and regulation) act, 1976, it is not possible for any other authority to require the exempted to obtain an order of conversion of that land into .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1995Kant44; ILR1994KAR2223; 1994(3)KarLJ93
..... section 37 of the karnataka improvement boards act empowers the board to lease, sell or transfer property movable or immovable which belongs to it, section 37 of the karnataka improvement boards act, 1976 hereinafter referred as 'the act' reads as under:-- 's. ..... sri patil very strenuously urged that in view of rule 22(1) of karnataka improvement board rules, 1976, once the notice had been addressed and posted after mentioning the correct address of the petitioner, the notice of allotment should be deemed to have been given to and served on the petitioner in view of provisions of section 27 of the karnataka general clauses act as well and it is an admitted fact that the 121/2% of the balance of 25% of the initial amount not having deposited within ..... submitted before me that as for 15 days from the date of giving of the intimation or notice of allotment to the petitioner, the petitioner did not make any deposit as required under rule 22(1) of k.ar-nataka improvement board rules, 1976, the opposite parties validly cancelled the allotment order. ..... 'rule 22 of the karnataka improvement boards rules 1976 hereinafter referred as 'rules of 1976' provides for the conditions of allotment and sale ..... sub-rules (1) and (2) of rule 22 of rules of 1976 reads: '22(1) the allottees shall within 15 days from the date of receipt of notice of allotment, pay to the board 121/2% (twelve and half per cent) of the price of site and if no such payment is made the allottee shall be deemed to have declined .....
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