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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. .....

State of Karnataka and Others Vs. Shankara Textiles Mills Ltd.

Court : Supreme Court of India

Reported in : AIR1995SC234; JT1994(6)SC567; 1994(4)SCALE559; (1995)1SCC295; [1994]Supp4SCR432

..... the acquisition proceedings were started under the provisions of karnataka improvement boards act, 1976. ..... 36 acres and 6.5 guntas was not converted into non-agricultural land (hereinafter referred to as the 'disputed land') with the result that for the purposes of the revenue act, it continued to be considered as agricultural land.improvement board, davanagere, sought to acquire land to the extent of 28 acres and 14 guntas from the disputed land for the purpose of 'devraj urs lay-out'. ..... the high court by the impugned decision allowed the writ petition by holding that the improvement board as an agency of the government having taken possession of the land under section 16 of the land acquisition act, in the acquisition proceedings, the land had vested in the government free from all ..... the appeal filed by the improvement board against the said order was dismissed on 13th november, ..... pursuance of the final notification issued in the year 1977, the possession of the land was taken by the improvement board on 9th august, 1978. ..... wishes to divert such land or any part thereof to any other purpose, he shall apply for permission to the deputy commissioner who may, subject to the provisions of this section and the rules made under this act, refuse permission or grant it on such conditions as he may think fit; the obvious purpose of this section is to prevent indiscriminate conversion of agricultural land for non-agricultural use and to regulate and control the conversion of agricultural .....

Chandrashekar (D) by Lrs. and ors. Vs. Land Acquisition Officer and an ...

Court : Supreme Court of India

Reported in : 2012(1)KLT6(SN); 2012(1)SCC390; AIR2012SCW73; 2012(2)SCJ55; AIR2012SC446

..... gulbarga development authority, 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 13.5.1982. ..... . 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 made ..... . 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 percent ..... . amritsar improvement trust & ors ..... . the outer benchmark for deductions laid down by this court in lal chand's case (supra) and in andhra pradesh housing board's case (supra) is 75 percent ..... . (xii) in andhra pradesh housing board vs. k ..... since the protest petition filed by the landowner was not referred for adjudication, the landowner filed an application under section 18(3)(b) of the land acquisition act, 1894. .....

The State Of Karnataka Vs. B.r Muralidhar

Court : Supreme Court of India

..... this act was enacted by the maharashtra state legislature to consolidate the bombay housing board act, 1948, in the bombay and hyderabad areas of the state, the madhya pradesh housing board act, 1950, the bombay building repairs and reconstruction board act, 1969 and the maharashtra slum improvement board act, 1973 ..... in that, show cause notice (preliminary notification) is ordinarily issued when the competent authority is satisfied that for the purpose of executing any work of improvement in relation to any slum area or any building in such area or for the purpose of re developing any slum clearance area , or for the purpose of rehabilitating slum dwellers, it is necessary to acquire any land and it has been so decided ..... further, in response to the argument canvassed across the bar by the learned counsel for the writ petitioners for the first time before this court in reference to the purport of section 17 of the 1973 act, it is urged by the state that the same ought not to be countenanced without there being any pleading in that regard 19 supra at footnote no.12 20 (2013) 7 scc522(7 judge bench) 15 before the high ..... this court upheld the validity of the 1976 act also in 17 (1986) 2 scc516(2 judge bench) 18 for short, the 1976 act 14 reference to article 31c of the constitution as it existed at the relevant time (validated by the decision in his holiness kesavananda bharati sripadagalvaru19), as can be discerned from the discussion in paragraphs 13 to 15 of the reported .....

Bangalore Development Authority and ors. Vs. R. Hanumaiah and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3631; JT2005(12)SC64; 2005(6)KarLJ161; 2005(8)SCALE80; (2005)12SCC508

..... other law or any development scheme sanctioned under this act, or city improvement trust board act, 1985 where the authority or the erstwhile city improvement trust board, bangalore has already passed a resolution 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 ..... year 1976, the city of bangalore improvement act, 1945 was repealed and in its place bangalore development authority act, 1976 was ..... it provides that irrespective of anything contained in any law or any judgment, decree or order of any court where in pursuance of any resolution passed by the authority or the erstwhile city improvement trust board, bangalore in favour of any person re-conveying the 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 that it is not ..... the city of bangalore improvement act, 1945 provided that notwithstanding anything contained in the act during a period of fifteen years from the date of commencement of the act, the government may acquire the land under the mysore land acquisition act, 1894 for the purpose of improvement, expansion or development of the city of bangalore or any area to which this act extends, and any land so acquired after it has vested in the government, stand transferred to the board and such land ..... under the 1976 act succeeded to the city improvement trust board.8. .....

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. .....

Sayunkta Sangharsh Samiti Vs. The State Of Maharashtra

Court : Supreme Court of India

..... any declaration made under section 26 of the maharashtra slum improvement board act, 1973 (mah. ..... moreover, under the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 sra is the final authority for implementing a slum rehabilitation ..... (6) while deciding the appeal the tribunal shall ignore the works of improvement executed in such slum area by any agency of the government or any local authority after the declaration thereof as such slum area by the competent authority under sub-section (1).]. ..... the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 (hereinafter referred to as 1971 act ) was enacted which had provisions for redevelopment of area and other benefits for the ..... all the same, not much was done by these bodies as far as improvement of living conditions of the workers in these areas or for providing them with a decent housing or sanitary ..... in 1971 act the purpose of the act was improvement and clearance of slums areas in the state and for their redevelopment and for the protection or occupiers from eviction, distress and warrants; and for matters enacted with the purposes aforesaid ..... the slum areas (improvement and clearance) act, 1956 was enacted by the parliament for declaring the areas as slum area, and clearing ..... of 1973), declaring any area to be slum improvement area, and in force immediately before the date of commencement of the maharashtra slum areas (improvement, clearance and redevelopment) (amendment)act, 1976 (mah. .....

G.t. Girish Vs. Y Subba Raju (d) By Lrs

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 .....

Kamlesh C. Shah and ors Vs. State of Maharashtra and ors

Court : Supreme Court of India

..... so acquired for the aforesaid cooperative society could not be utilised for any other society/tenants and in the event the tenants chose not to continue with the scheme of rehabilitation by resorting to the provisions of the 1976 act, mhada could not obstruct the release of the land, as otherwise the tenants would be rendered homeless and they would be deprived of their residences, which they enjoyed in the premises before the acquisition proceedings were ..... formation of cooperative societies by tenants of such buildings, who were required to deposit 30% of the compensation payable to the owner, whereupon the lands would stand acquired and would vest in the mumbai building repair and reconstruction board for the limited purpose of ensuring that after acquisition, the balance 70% would be deposited by the tenants, consequent whereupon, mhada under section 103b(7) was bound to convey the land to the cooperative society for construction ..... on the one hand, it is at the request made by a proposed cooperative society of the tenants of the building that acquisition proceedings were commenced by the board under section 103b of the 1976 act on 30th october, 1986, on the other, the purpose of the acquisition has not fructified even after 26 years. ..... the legislature also felt that in case structural repairs did not improve the condition of the building, then the board could undertake reconstruction of the building by pulling down the dilapidated structure and raising a new structure thereupon.5 .....

Bangalore City Cooperative Housing Society Ltd. Vs. State of Karnataka ...

Court : Supreme Court of India

..... relating to co-operative societies for the time being in force in any state, other than a co- operative society referred to in clause (cc); section 3(f) as amended by act no.68 of 1984 (f) the expression public purpose includes- (i) the provision of village-sites, or the extension, planned development or improvement of existing village-sites; (ii) the provision of land for town or rural planning; (iii) the provision of land for planned development of land from public funds ..... scheme sponsored by government or by any authority established by government for carrying out any such scheme, or with the prior approval of the appropriate government, by a local authority, or a society registered under the societies registration act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a state, or a co-operative society within the meaning of any law relating to co-operative societies for the time being ..... bda) was constituted by the state government under section 3 of the bangalore development authority act, 1976, (for short, `the 1976 act'), which was enacted by the state legislature for ensuring planned development of the city of ..... karnataka housing board act. ..... guidelines, which were being followed by the erstwhile city improvement trust board and the bda for the approval of private layouts ..... carried out only by the bangalore water supply & sewerage board and karnataka electricity board. ..... board ..... the bangalore city corporation and the bangalore development authority hal sanitary board, i.t.i. .....