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 : 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 : 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 : 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 : 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 : 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 : ILR1999KAR582; 1999(1)KarLJ595
..... existing city corporation and city improvement trust board area (schedule i of the act).7. ..... agglomeration and situated in any area included within the local limits or a municipality (by whatever name called), a notified area committee, a town area committee, a city and town committee, a small town committee, a cantonment board or a panchayat, but does not include any such land which is mainly used for the purpose of agriculture. ..... agglomeration and situated in any area included within the local limits of a municipality (by whatever name called), a notified area committee, a town area committee, a city and town committee, a small town committee, a cantonment board or a panchayat, but does not include any such land which is mainly used for the purpose of agriculture'. ..... within the bangalore city corporation and trust board area and since the second respondent has only determined the lands of the petitioner with respect to the master plan, it would be appropriate that the second respondent determine the matter ..... urban land ceiling issued a notice dated 8-11-1996 requiring the petitioner to file a declaration under subsection (1) of section 6 of the urban land ceiling and regulation act, 1976 (hereinafter referred to as 'the act').4. ..... be determined by the competent authority is whether these lands are situated within the peripheral area as mentioned in the schedule as on 17-2-1976 the appointed date. ..... there was no dispute regarding the boundary of the bangalore corporation limits in 1976. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(1)KarLJ510
..... jalatuddin v bangalore development authority and another, the question whether the notification published under section 18(1)(a) of the city improvement trust board act, 1945 is barred under the provisions of the land acquisition (karnataka amendment and validation) act, 1967 prescribing a period of two years for issue of declaration under section 6 of the acquisition act, came up for consideration before a division bench of this court. ..... this court by order dated september 19, 1996, september 26, 1996, and october 7, 1996 made in different petitions allowed those petitions and quashed only the declarations issued under section 19(1) of the act insofar as they relate to the lands of the petitioners, leaving liberty to the authorities to proceed with the impugned acquisition from the stage of considering the report and complete the same within one year from ..... the learned counsel appearing for the petitioners place emphasis on the expressions 'with the previous approval of the government' used in clause (b) of sub-section (1) of section 15 of the bda act and contended that the scheme referred to in clause (a) of sub-section (1) of section 15 for development of the bangalore metropolitan area shall be with the prior approval of the government. ..... a preliminary notification dated december 22, 1988 was issued by the bda under section 17(1) of the bangalore development authority act, 1976, hereinafter called 'the bda act' and the same was published in the gazette dated april 6, 1989. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!