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
..... karnataka housing board act 1962 (karnataka act no.10 of 1963), the improvements board constituted under the karnataka improvements boards act, 1976 (karnataka act 11 of 1976), department of mines and geology the forest department, karnataka industrial areas development board established under the karnataka industrial areas development board act, 1966 (karnataka act 18 of 1966), the karnataka small scale industries development corporation, the karnataka state industrial investment development corporation, karnataka state electronics development corporation, registered as a company under the companies act, 1956 (central act 1 of 1956), the ..... the karnataka housing board act, 1962 (karnataka act no.10 of 1963), the improvements board constituted under the karnataka improvements boards act, 1976 (karnataka act 11 of 1976), department of mines and geology, the forest department, karnataka industrial areas development board act, 1966 (karnataka act 18 of 1966), the karnataka small scale industries development corporation, the karnataka state industrial investment development corporation, karnataka state electronics development corporation, registered as a company under the companies act, 1956 (central act 1 of 1956), the karnataka agricultural produce market committee constituted under .....
Tag this Judgment!Court : Karnataka
..... . the apex court has laid down that government could acquire land for a housing accommodation, either under the land acquisition act or under the city improvement act; the well settled position being that state can make a reasonable classification for the purpose of legislation as long as the acquisition was founded on intelligible ..... comprising seven hon ble judges of the apex court was dealing with the question whether different principles of compensation can be applied if the land was acquired for or by an improvement trust or municipal corporation or the government because as far as the owner was concerned, it did not matter to him whether land was acquired by one authority or the other ..... paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holding has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in ..... (1976) 4 scc9 nagpur ..... special land acquisition officer karnataka industrial area development board, no.49, khanija bhavan, east wing, 5th floor ..... . narayanaiah and others (1976) 4 supreme court cases9 the apex court has observed in para nos.21 and 22 that an acquisition proceeding without providing for award of compensation on 22 some principle is unthinkable; such a situation .....
Tag this Judgment!Court : Karnataka
..... the meanwhile, the davanagere improvement board sought to acquire land to the extent of 28 acres and 14 guntas from the disputed land for the purpose of devraj urs layout and accordingly, acquisition proceedings were initiated under the provisions of the karnataka improvement boards act, 1976, and subsequently, inspite of the final notification issued by the board, the land acquisition officer ..... the schedule property continues to be an agricultural land and if the same is required to be used for any other purpose, order of conversion is required to be obtained as contemplated under section 95 of the act and if 12 permanent structures are put up by the respondent nos.4 to 7 without obtaining any permission from the deputy commissioner, the usage and construction thereon are illegal and unauthorized and the deputy commissioner is ..... counsel for the petitioner, reiterating the grounds urged in the writ petition, contended that under the provisions of section 95 of the karnataka land revenue act, 1964, the deputy commissioner is the authority to take action against respondent nos.4 to 7 who are putting up unauthorized construction in the schedule ..... is not the competent authority to take action against the respondents 4 to 7 to stop unauthorized construction of the private landed property of the petitioner under section 95 of the karnataka land revenue act and only competent civil court shall decide the right, title and interest in respect of the immovable property of the parties.17. .....
Tag this Judgment!Court : Karnataka
..... he further submitted that the complaint without there being any offence committed by the petitioners under the special act like karnataka slum areas (improvement & clearance) act, bangalore development authority act, the bangalore water supply and sewerage board act and other allied ten acts as notified, the bmtf police have absolutely no jurisdiction to register the case as against the accused-petitioners and therefore the same is liable ..... act, 1976 b) the bangalore development authority act, 1976 c) the karnataka municipalities act, 1964 d) the bangalore water supply and sewerage board act, 1964 e) the karnataka slum areas (improvement and clearance) act ..... act, 1976, the karnataka municipalities act, 1964 and karnataka slum areas (improvement and clearance) act ..... the karnataka municipal corporations and certain other laws (amendment) act, 1984 amended the karnataka municipal corporation act, 1976, karnataka municipalities act, bangalore development authority act, karnataka slum clearance act prohibiting unauthorized occupation of lands belonging to the corporations, the bangalore development authority, the municipal council and the unauthorized occupations were made punishable with imprisonment for ..... is constituted under g.o.no.udd247mnu95dated 19.03.1996 headed by deputy inspector general of police at government level to enforce the provisions of the following acts to safeguard the properties of respective local bodies and boards: a) the karnataka municipal corporation act, 1976. .....
Tag this Judgment!Court : Karnataka
..... the city of bangalore municipal corporation, the city 10 improvement trust board, the karnataka industrial area development board, the housing board and the bangalore city planning authority are exercising jurisdiction over ..... combined reading of definition of local authority under the act, 1976 r/w section 3(31) of the general clauses act, bda is enrolled with all the usual attributes and 30 characteristics of the local authority and there is no reason to hold that it ..... the above analysis of provisions of the act, 1976 r/w the act 1956 and ingredients to determine company, bda local authority, definition of local authority is not forthcoming in the companies act, 1956 so as to examine the body ..... to be noted that sub-section 3(e) of the land acquisition act, 1894 provides for definition of company whereas similarly bda act, 1976 do not deal with definition of company. ..... are not forthcoming under the act, 1976 so as to attract the 8 provisions of the companies act, 1956 (for short act, 1956) for winding ..... be imported from any other statute in order to bring in the purview of bda act, 1976, petitioner has not made out a case. ..... no doubt, under sub section 2 of section 3 of the act, 1976 the word body corporate has been incorporated that does not give the ..... statement of objects and reasons of the act, 1976 reads as under: at the conference of the ministers for housing and urban development held at delhi in november 1971, it was agreed that a common authority for the development of metropolitan .....
Tag this Judgment!Court : Karnataka
..... act, 1956 the karnataka housing board constituted under the karnataka housing board act, 1962 (karnataka act 10 of 1963), the industrial areas development board constituted under the karnataka industrial areas development act, 1966 (karnataka act, 18 of 1966), the karnataka slum clearance board established under the karnataka slum areas (improvement and clearance) act, 1973, (karnataka act 33 of 1974) the bangalore development authority constituted under the bangalore development authority act, 1976 (karnataka act 12 of 1976 ..... ), a nagarabhivruddhi pradhikara constituted under the karnataka nagarabhivruddhi pradhikaragala adhiniyama, 1987 (karnataka act ..... or both; (vii) any corporation, not being a company as defined in section 3 of the companies act, 1956 (central act 1 of 1956) established or constituted by the state government or the central government or both; (viii) the coffee board constituted under the coffee act, 1942 (central act 7 of 1942), as security for any loan or other facility given by such society, bank, company, .....
Tag this Judgment!Court : Karnataka
..... act, 1956 the karnataka housing board constituted under the karnataka housing board act, 1962 (karnataka act 10 of 1963), the industrial areas development board constituted under the karnataka industrial areas development act, 1966 (karnataka act, 18 of 1966), the karnataka slum clearance board established under the karnataka slum areas (improvement and clearance) act, 1973, (karnataka act 33 of 1974) the bangalore development authority constituted under the bangalore development authority act, 1976 (karnataka act 12 of 1976 ..... ), a nagarabhivruddhi pradhikara constituted under the karnataka nagarabhivruddhi pradhikaragala adhiniyama, 1987 (karnataka act ..... or both; (vii) any corporation, not being a company as defined in section 3 of the companies act, 1956 (central act 1 of 1956) established or constituted by the state government or the central government or both; (viii) the coffee board constituted under the coffee act, 1942 (central act 7 of 1942), as security for any loan or other facility given by such society, bank, company, .....
Tag this Judgment!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 : Supreme Court of India
..... improvement act, 1945 came to be repealed by the 28 bangalore development authority act, 1976 ..... payable as earnest money, the last date for submission of applications and , such other particulars as the chairman may consider necessary; by affixing a notice to the notice board of the office of the board, and any other office as the chairman may decide from time to time and by publication in not less than three daily .newspapers published in the city of bangalore ..... allotment has not been cancelled or the lease has not been determined in accordance with these brutes or the terms of the agreement in the meanwhile the board shall by notice call upon the allottee to get the sale deed of tire site executed at his own cost within the time specified in the said notice ..... building on the site within such period as may be specified by the board, as per plans, designs and conditions to be approved by the board or in conformity with the provisions of the city of bangalore municipal corporation act, 1949 and the bye-laws made thereunder; (ii) the purchaser shall not without the approval of the board, construct on the site any building other than a building for the construction ..... right, title and interest of the lessee/purchaser in favour of the government of mysore, the central government or bodies corporate like the mysore housing board or the life insurance corporation of india, housing co-operative societies or banks to secure moneys advanced by such governments or bodies for the construction .....
Tag this Judgment!