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Chikkamuniyappareddy Memorial Trust, Bangalore Vs. State of Karnataka ...

Court : Karnataka

Reported in : ILR1997KAR2460

..... petitioner-trust cannot challenge the validity or legality of the notification issued by the bangalore development authority exercising its powers under the city improvement trust boards act, 1945, since the lands had been notified for acquisition much earlier to the formation and registration of the trust.8. ..... lastly, learned counsel for the petitioner invites my attention to sub-section (2) of section 1 of the improvement act to contend that what could be acquired under the city improvement trust boards act is only the notified area and if for any reason the authority intends to acquire any other land, the same could be done only by ..... other law or any development scheme sanctioned under this act, or city improvement trust board act, 1945, where the authority or the erstwhile city improvement trust board, bangalore has already passed a resolution to reconvey 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 ..... sub-sections (1) and (3) of section 16 of the bangalore development authority act, 1976 (for short 'bda act') was published in the karnataka gazette dated 21-3-1977 and the final notification under section 19(1) of the bda act was published in the karnataka gazette on 14-5-1980. ..... allotted under this section together with the land already held by the allottee shall not exceed the ceiling limit specified under section 4 of the urban land (ceiling and regulation) act, 1976'. .....

Khoday Distilleries Ltd. and ors. Vs. the State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1997KAR1419

..... the bangalore development authority (for short, authority) formulated a scheme for improvement under section 15 of the bangalore development authority act, 1976 (hereinafter, for short, referred to as the bda act) for formation of a residential lay-out known as 'jayaprakash narayan nagar' 9th stage lay- ..... though large number of decisions have been referred to by the learned counsel on either side to explain the scope of the provisions of the constitution, the land acquisition act and the bangalore development authority act, we have not adverted to all of them as in our view there are some direct decisions of the supreme court on the points raised and it would be sufficient to examine the case with reference to those ..... the bangalore act, as its preamble states, is ready concerned with the 'improvement and future expansion of the city of bangalore, and for the appointment of a board of trustees with special powers to carry out the aforesaid ..... laws made by parliament and laws made by the state legislature in any matter enumerated in the concurrent list, the law made by the parliament would prevail over that of the state unless it be that the act of the state legislature is a subsequent enactment which has received the assent of the president, and, this is not the position in the present case.7. ..... act read with section 70 of the madras state housing board act ..... act being entirely different from the madras state housing board act, we do not think there is any reason to rely upon the said .....

H.C. Venkataswamy and ors. Vs. Bangalore Development Authority and ors ...

Court : Supreme Court of India

Reported in : (2001)9SCC204

..... 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 that it is not ..... notwithstanding anything contained in any law or any judgment, decree or order of any court where in pursuance to any resolution passed by the authority or the erstwhile city improvement trust board, bangalore to reconvey in favour of any person any site out of the land which belonged to them or vested in or acquired by them for the purpose of any development scheme, the authority has made allotment of such site by way of ..... following contentions were raised on behalf of bda:(i) it is not within its power to convey any site to any person by reason only of the fact that his land was acquired;(ii) there is no provision in the bangalore development authority act, 1976 (the act) and the rules to give any site free of cost;(iii) the allotment of sites could be made only in terms of the allotment rules and not in contravention thereof.7. ..... extent of the site allotted under this section together with the land already held by the allottee shall not exceed the ceiling limit specified under section 4 of the urban land (ceiling and regulation) act, 1976.9. .....

C.B.C.i. Society for Medical Education and anr. Vs. Spl. Lao, Bda and ...

Court : Karnataka

Reported in : ILR1997KAR257

..... similar provisions are also found in the karnataka improvement boards act, 1976 (for short 'the act of 1976') and the karnataka urban development authorities act, 1987 (for short 'act of 1987').10. ..... the petitioners have also sought for quashing of the preliminary notification dated 19.9.1977 and final notification dated 7.2.1978 issued under section 17(1)(3) and 19(1) of the bangalore development authority act, 1976 (hereinafter referred to as 'the bda act'), in the application filed for amendment of the prayer in the writ petition. ..... govindan : [1977]1scr549 considered section 23 of the city of mysore improvement act, 1903, with reference to an amendment introduced to the la act, 1894 by amendment of act 1927, to the effect that the relevant date for the purpose of determination of themarket value is the date of notification under section 4(1) of the la act, has held as follows:-'7. ..... it is seen that in narayanaiah and govindan cases this court emphasised that the improvement act has provided a special procedure for improvement of the city of bangalore and urban areas. ..... )section 23 of the city of mysore improvement act, 1903 reads thus:-'the acquisition otherwise than by agreement of land within or without the city under this act, shall be regulated by theprovisions so far as they are applicable to the l.a.act, 1894 andby the following two further provisions. .....

Munimasthaiah Vs. State of Karnataka

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 .....

Lebron Vs. National Railroad Passenger Corporation

Court : US Supreme Court

..... york, was not state action, where: "(a) the united states created amtrak, endowed it with governmental powers, owns all its voting stock, and appoints all members of its board; "(b) the united states-appointed board approved the advertising policy challenged here; "(c) the united states keeps amtrak afloat every year by subsidizing its losses; and "(d) pennsylvania station was purchased for amtrak by the united ..... was not state action, where: "(a) the united states created amtrak, endowed it with governmental powers, owns all its voting stock, and appoints all the members of its board; "(b) the united states-appointed board approved the advertising policy challenged here; "(c) the united states keeps amtrak afloat every year by subsidizing its losses; and "(d) pennsylvania station was purchased for amtrak by the ..... a section entitled "goals," which begins, "the congress hereby establishes the following goals for amtrak," and includes items of such detail as the following: "(3) improvement of the number of passenger miles generated systemwide per dollar of federal funding by at least 30 percent within the two-year period beginning on october 1, 1981. ..... improvement act, ..... 465 (1976), *the court would read more into the decision, because we "decline[d] even to brush aside the court of appeals' (questionable) contention that there was 'a "duty" to address the status of ..... in 1976, the number of presidential appointees (apart from the secretary of transportation) was reduced to eight and amtrak .....

Raju Reddy Vs. Commissioner, Bda

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 .....

M/S. Safeguard Packaging Systems Vs. State of Karnataka and Others

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, .....

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 .....

Mallikarjun M. Kalasray Vs. the Commissioner, Belgaum Development Auth ...

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 .....