Court : Karnataka
Reported in : ILR1995KAR2323; 1996(1)KarLJ57
..... 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, may, on the application of such person made within sixty days ..... of the commencement of this act, be regularised in accordance with the provisions of this act'.it is not disputed that the time to make the application for regularization of ..... belonging to another person over which former has no title;(vi) unauthorised construction having more than two floors including the ground floor;(vii) unauthorised constructions made in violation of urban (land ceiling and regulation) act, 1976 (central act 33 of 1976);(viii) unauthorised constructions made on the land belonging to or vested in any authority or local authority; and(ix) unauthorised constructions on any land reserved for parks, play grounds, open places or for .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR2514; 1995(4)KarLJ475
..... 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, may, on the application of such person made within sixty days ..... the land belonging to another person over which former has no title;(vi) unauthorised construction having more than two floors including ground floor;(vii) unauthorised constructions made in violation of urban (land ceiling and regulation) act, 1976 (central act 33 of 1976);(viii) unauthorised constructions made on the land belonging to or vested in any authority or a local authority; and(ix) unauthorised constructions on any land reserved for parks, playgrounds, open places or for providing any civic ..... . the combined effect of the karnataka land revenue act, 1964, karnataka land reforms act, 1961, the karnataka town and country planning act, 1961 and the urban land (ceiling & regulation) act, 1976 is that owners of lands cannot normally form an approved private layout and offer sites ..... . it is true that under the bangalore development authority act, 1976, bda is empowered to acquire lands around bangalore and form layouts and allot them .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1995Kant336; ILR1995KAR315; 1995(2)KarLJ442
..... bangalore development authority constituted under the bangalore development authority act, 1976 (karnataka act 12 of 1976), the city improvement trust board, mysore constituted under the city of mysore improvement act, 1903 (mysore act 3 of 1903), the karnataka housing board constituted under the karnataka housing board act, 1962 (karnataka act 10 of 1963), the improvement boards constituted under the karnataka improvement boards act, 1976 (karnataka act 11 of 1976), house building co-operative societies registered under the karnataka co-operative societies act, 1959 (karnataka act 11 of 1959), in so far as it relates to allotment ..... 28821 of 1993 decided on 25-8-1993) wherein this court while dealing with a similar matter relating to a sale deed executed by the very same board, that is, kiadb, held that there cannot be proceedings for undervaluation in respect of a deed executed by a statutory authority on the following reasoning:'when the sale deed is executed by a statutory body ( ..... , undervalued how to be dealt with :--(1) if the registering officer appointed under the registration act, 1908 (central act xvi of 1908) while registering any instrument of conveyance, exchange, gift, settlement, partition or dissolution of partnership, having regard to the estimated market value notified by the state government, if any or ..... board (hereinafter referred to as the 'board' or 'kiadb') is a statutory body established and incorporated under the karnataka industrial area development act, .....
Tag this Judgment!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 .....
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 .....
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 : 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 : AIR1993Kant121; 1992(2)KarLJ369
..... that case, facts were, an improvement scheme for bangalore city was prepared by the bangalore city improvement board, the predecessor of the bangalore development authority ('bda' for short) constituted under the bangalore development authority act, 1976 ('bda act' for short). ..... this view of the deputy commissioner is in accordance with the provisions of the land revenue act and the decision of this court in the petitions filed by the water board.therefore, on careful consideration of the material placed before us, we are of the view that the conclusion which is inevitable is that according to the modified plan also a new township would come into existence and that ..... (ii) the bangalore water supply and sewerage board ('water board'for short) the statutory authority constituted and the bangalore water supply and sewerage act, 1984 entrusted with the function of ensuring supply of water to the city, filed appeals before the karnataka appellate tribunal against the orders of the deputy commissioner according permission for conversion of the lands ..... judge accepted the contention of the board that unless a decision was taken by the state government that a (own-ship should be established in the said locality after following the procedure prescribed under the provisions of the land revenue act and also took a decision on the question as to whether the new township should be declared as a 'local planning area' under the karnataka town and country planning act, 1961, the deputy commissioner .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR152
..... the laws relating to housing, repairing and improvement work in relation to slum areas in different parts of the state were : (a) the bombay housing board act, 1948, (b) madhya pradesh housing board act, 1950, (c) the bombay building repairs and reconstruction board act, 1969, and (d) the maharashtra slum improvements act, 1973 and all these acts were repealed on enactment of the maharashtra housing and area development act, 1976. ..... the statement then recites that the enactment of bombay building repairs and reconstruction board act, 1969 and the enactment of the principal act in 1976 providing for levy of cess and creation of an authority to attend to structural repairs and reconstruction had failed to bring the requisite results due to colossal and stupendous problems facing the city and in addition in absence of ..... , contract, judgment, decree or order of any court or tribunal to the contrary, a co-operative society formed or proposed to be formed under the provisions of the maharashtra co-operative societies act, 1960, by not less than seventy per cent of the occupiers in a cessed building may, by written application, request the board to move the state government to acquire the land together with the existing building thereon or where the owner of the building does not own the ..... the legislature also felt that in case structural repairs could not improve the condition of the building, then the board could undertake reconstruction of the building by pulling down the dilapidated .....
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. .....
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