Judgment Search Results Home > Cases Phrase: improvement boards act 1976 Sorted by: recent Page 1 of about 106,957 results (0.147 seconds)

R Lakshman @ Lakshmana Reddy Vs. State of Karnataka

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. .....

Smt. Thimmavva Vs. the State of Karnataka Represented by Its Principal ...

Court : Karnataka

..... section 173 of the kmc act, to submit that an improvement board established by the state government having jurisdiction over the municipal area of tumkur stood dissolved and the karnataka improvement boards act, 1976 ceased to be applicable to tumkur area on the constitution of the tumkur urban development authority-5th respondent under the karnataka urban development authorities act, 1987, for short kuda act and in the light of section ..... that on the constitution of the 5th respondent urban development authority for tunkur, section 78 of the kuda act states that the improvement board constituted under the karnataka improvement boards act, 1976 ceases to exist and the said act is inapplicable. ..... of the km act making provision for improvement schemes and improvement boards and the power of the municipal council to undertake works, incurring expenditure for improvement, is inapplicable to ..... the road in sy.no.84/1 would require investment of huge sums of money to level the halla and that the improvement board having taken into consideration that said circumstance proposed the road in between sy. ..... vivekanand, learned counsel for the 5th respondent urban development authority, submits that regard being had to sections 15, 16, 25 and 30 of the kuda act, it is for the urban development authority to formulate a scheme for improvement and development including layout of streets in the urban area of tmc, tumkur, its approval by the state government, acquisition of the land by the state and .....

Vasanth Sreedhar Kulkarni and Others Vs. State of Karnataka and Others

Court : Supreme Court of India

Reported in : (2012)1SCC138; 2012(1)SCJ722

..... in 1976, the legislature of the state of karnataka enacted the karnataka improvement boards act, 1976 to provide for constitution of improvement trust boards in some cities with powers and ..... appellants vasanth sreedhar kulkarni and two others for placing on record xerox copies of notice dated 4.9.1996 issued by the special land acquisition officer, bda under section 16(2) of the 1894 act read with karnataka (amendment) act, 1961 and letter dated 25.10.2008 written by the special land acquisition officer to shri vasheemkhan stating therein that there is no mention in the record of the bda of compensation ..... the question whether mumtaz begum and others who claim to have purchased small parcels of land from allahuddin khan after the issuance of notifications under section 17(1) of the 1987 act should be allowed to retain the same despite the fact that the bda had carved out sites and allotted plots to more than 100 eligible applicants deserves to be answered ..... who was appointed by the state government to exercise the powers of the deputy commissioner under section 3(c) of the land acquisition act, 1894 (for short, `the 1894 act') issued public notice dated 16.9.1994 and informed the landowners and persons having interest in the land that various survey numbers including ..... belgaum city improvement trust board, which was one among several trust boards constituted ..... sections 15, 16, 17 and 19 of the bangalore development authority act, 1976, which were interpreted in bondu ramaswamy's case. .....

Davangere Urban Development Authority Vs. Comrade LenIn Vidya Samsthe

Court : Karnataka

..... consequence of constitution of urban development authority:-(1) on the issue of a notification under subsection (i) of section 3 constituting an urban development authority for any urban area the karnataka improvements boards act, 1976 (karnataka act 11 of 1976) or the city of mysore improvement act, 1903 (mysore act iii of 1903), as the case may be, shall cease to be applicable in such urban area. ..... it is also conceded before us during the course of hearing, that in terms of the mandate of the provisions of the karnataka improvement board act, 1976, a lease agreement in the nature of the one executed with the respondent on 17-10-1985 could have been executed, and that, the same would lead to the eventual sale of the leased property in favour of the respondent. ..... the constitution of the authority for the urban areas concerned;(c) all assets and liabilities of and all contracts made by or on behalf of, -(i) the improvement board;(ii) [the bagalkot town development authority](iii) the city improvement trust board, immediately before the date of constitution of an authority for the urban area under this act and subsisting on that date shall stand transferred to the concerned urban development authority;(d) where a provident fund or superannuation fund or any other like .....

Yellappa Mudukappa Itagi and anr. Vs. Hubli-dharwad Urban Development ...

Court : Karnataka

Reported in : 2005(6)KarLJ636

..... act was enacted in the year 1987 by the, state legislature, there was in force in the state of karnataka, the karnataka improvement boards act, 1976 and the city of mysore improvement act ..... second contention, it is urged that the provision of the bangalore development authority act, 1976, analogous to section 32(5) of the act does not stipulate the condition to agree for transfer of open spaces and ..... single judge of this court, upholding the constitutional validity of sub- section (5) of section 32 of the karnataka urban development authorities act, 1987 (for short, 'act'), while declining to declare the petitioners to be owners of the civic amenity sites and that the urban development authority has no right ..... which is different from acquisition of land for public purpose under the land acquisition act;(b) forming a layout on the part of the appellants is a voluntary act whereas acquisition of a land under the land acquisition act for a public purpose is an involuntary action; and(c) forming a layout is a business venture of the appellants whereas acquisition of a land under the land acquisition act is a forced taking over of a land of a private person without ..... their learned counsel, are two-fold and they are:(i) any form of compulsory acquisition of private land should be done only under the land acquisition act, 1894;(ii) the condition requiring the appellants to transfer the land without compensation is arbitrary, unreasonable and is violative of article 14 of the constitution.4 .....

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 .....

Abdul Rehman and ors. Vs. State of Karnataka, by Its Secretary and ors ...

Court : Karnataka

Reported in : ILR2003KAR2282

..... 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 ..... 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 ..... 35 of the karnataka improvement boards act has adopted the entire land acquisition act or incorporated some of its ..... 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 plain of letting them lapse forever, cannot be imported into consideration for purposes of the bda act without doing violence to the language or destroying and defeating the very intendment of the state legislature expressed by the ..... the applicability of the provisions introduced by the land acquisition amendment act under the provisions of bangalore development authority act has been considered by this court in khoday distilleries limited vs .....

H. Rajaiah and Others Vs. State of Karnatka and Another

Court : Karnataka

Reported in : ILR2000KAR4989; 2000(6)KarLJ401

..... siddappa v state of karnataka and others, the validity of an order removing the chairman of the improvement board, shimoga was called in question among others on the ground that section 5 of the karnataka improvement boards act, 1976, which provided that the chairman and members shall hold office for a period of three years subject to the pleasure of the government was arbitrary and offensive to article 14 of the constitution. ..... section 5 of the karnataka urban development authorities act, 1987 is in pari materia with section 5 of the karnataka improvement boards act, 1976 and specifically provides that appointments of chairman and members of the authority shall be subject to the pleasure of the government. ..... that was also a case of removal of the petitioner from the chairmanship of davangere improvement board on cessation of the pleasure of the government. ..... govindappa v chief secretary to government of karnataka and another, in which removal of petitioner from the membership of the karnataka electricity board at the pleasure of the government was assailed inter alia on the ground that the termination was arbitrary, hence liable to be quashed as violative of article 14 of the constitution. ..... relying upon the decision of this court in janab shastry khaja hussain v karnataka board of wakfs, bangalore and another, it was argued that the validity of an order made on the basis of the pleasure theory could also be examined on the touchstone of article 14 of the constitution.3. .....

Ganapatsa Shankarsa Kalburgi and Others Vs. State of Karnataka and Oth ...

Court : Karnataka

Reported in : AIR1999Kant38; ILR1998KAR3119; 1998(5)KarLJ518

..... 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 yet vested in favour of any authority for which the acquisition is proposed, may, on the application of such person made within sixty days ..... the petitioners have, therefore, filed these petitions for quashing the acquisition proceedings and also the notices issued under sections 9 and 10 of the land acquisition act, 1894 as per annexure-b and b-1 and the notices issued under the provisions of the planning act as per annexure-e and e-1, with a further writ in the nature of mandamus directing respondent 4 to regularise the unauthorised constructions of buildings on plot numbers and survey ..... but, on the other hand, if a petitioner does not make out prima facie that he is entitled to regularisation under the act or where the respondents prove that section 3 is not applicable in view of the case falling under section 4, the question of this court issuing a direction prohibiting ..... appearing for the petitioners has contended that, that in view of clause (iii) of section 3 of the act, the sites belong to the petitioners and, therefore, they are entitled for regularisation of unauthorised constructions.5. .....

N. Sampurnamma and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : 1998(6)KarLJ332

..... - (i)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 yet vested in favour of any authority for which the acquisition is proposed. ..... on the land belonging to another person over which former has no title; (vi)unauthorized constructions having more than two floors including ground floor; (vii)unauthorized constructions made in violation of urban land (ceiling and regulation) act, 1976 (central act 33 of 1976); (viii)unauthorized constructions made on the land belonging to or vested in any authority or a local authority; (ix)unauthorized constructions on any land reserved for parks, playgrounds, open places or for providing any civic amenities ..... 56, 58 and 69 of gavipuram village in the wake of the acquisition by the erstwhile city improvement trust board and for grant of any such other reliefs as court deems fit.3. ..... in paragraph 11 of the writ petition, it has been stated that the respondent 2-authority has come to own these lands after the rights, liabilities and charges of the erstwhile city improvement trust board came to be transferred to the bangalore development authority. .....