Court : Karnataka
Reported in : ILR1988KAR356
..... (b) in the case of local planning area in respect of which a planning authority is not constituted under this act, the town improvement board constituted under any law for the time being in force having jurisdiction over such local planning area, and where there is no such town improvement board, the local authority having jurisdiction over such local planning area,'so, by virtue of this definition of the words 'the planning authority' the bangalore development authority becomes the planning ..... as:-consequences to ensue upon the constitution of the bangalore development authority - notwithstanding anything contained in this act, with effect from the date on which the bangalore development authority is constituted under the bangalore development authority act, 1976 the following consequences shall ensue -(i) the bangalore development authority shall be the local planning authority for the local planning area comprising the city of bangalore with jurisdiction over the area which the ..... these two writ petitions are disposed of by a common order since certain common questions arise for consideration in these petitions under the provisions of the city of bangalore improvement act, 1945 (hereinafter referred to as 'the citb act'), the bangalore development authority act, 1976 (hereinafter referred to as the 'bda' act), the allotment of sites rules framed under the citb act and the allotment of sites rules, 1982 framed under the b.d.a. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC305; JT1987(4)SC491; 1987(2)SCALE1200; (1988)1SCC206; [1988]2SCR49
..... the government service along with taking over the management and control of the school.section 18: recognition of minority secondary schools:(1) the schools declared a minority school under the provision of the bihar secondary education board act, 1976 (bihar act 25 1976) and the bihar secondary education board (second amendment) ordinance 1980 (bihar ordinance 82 of 1980) shall be deemed to have been recognised under the provisions of this ..... the state government has power to make regulatory provisions for achieving efficiency in the management and improving the standard of education in the minority schools, it may therefore issue instructions for securing that ..... state government shall have powers to issue instructions not inconsistent with the provisions of articles 29 and 30 of the constitution for efficient management and for improving and standard of teaching and it shall be obligatory for the recognised minority schools to comply with them. ..... and (k) of section 18(3) confer power on the state government to issue instructions consistent with the provisions of articles 29 and 30 of the constitution for efficient management and for improving the standard of teaching and a minority school is required to comply with those instructions. ..... the act as indicated by the preamble is to provide for the taking over or management and control of the non-government secondary schools by the state government, for improvement, better organisation and development of secondary education in the state .....
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 : ILR1987KAR2521
..... is competent to enact law and for that purpose the act which is a complete code in itself has been enacted, moreover karnataka municipalities act, 1964, karnataka village panchayats and local boards act, 1959 and karnataka municipal corporations act, 1976, have been amended and similar provisions are made. ..... given proper reservation in all representative institutions and public service or office; that by the amendment act reservation is denied to the scheduled castes and scheduled tribes to which they would be entitled to by virtue of the scheduled castes & scheduled tribes orders (amendment act 1976) (central act 108 of 1976) (in short the central act), and that the effect of the impugned amendment is that those scheduled castes and scheduled tribes ..... general, karnataka municipalities act 1964, karnataka village panchayat and local boards act, 1959 and karnataka municipal corporations act, 1976 are amended and ..... due to short-comings of diverse kinds, the purposes of the constitution to secure proper representation for the scheduled castes and scheduled tribes could not be and was not effectuated until central act 108 of 1976 was enacted and once it was brought into force on and from 27th july 1977, it is not only incompetent for a state legislature but unconstitutional to adopt the population figures ..... that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of .....
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 : Supreme Court of India
Reported in : AIR1986SC1466; (1986)88BOMLR205; 1986MhLJ1009(SC); 1986(1)SCALE404; (1986)2SCC516; [1986]1SCR707; 1986(1)LC715(SC)
..... act was enacted in the year 1976 by the state legislature there were in force in the state of maharashtra, the bombay housing board act, 1948, in the bombay and hyderabad areas of the state, the madhya pradesh housing board act, 1950 in the vidarbha area of the state, the bombay building repairs and reconstruction board act, 1969 and the maharashtra slum improvement board act ..... the provisions of clauses (b) and (h) of sub-section (1) of section 12 and section 13 of the metropolitan act it is the duty and function of the authority among others to prepare or direct th boards to prepare and execute proposals, plans or projects for (i) housing accommodation in the state or any part thereof, sale, including transactions in the nature of hire-purchase of tenements in any building vested in, or belonging to, the authority, ..... these acts were repealed by section 188 of the act and in their place, the act was brought into force inter alia with the object of unifying, consolidating and amending the laws relating to housing, repairing and reconstructing dangerous buildings and carrying out improvement works ..... the preamble to the act stated that before the act was passed there were in existence various corporate and statutory bodies in the state for dealing with the problem of housing, accommodation, for repairing and reconstructing buildings in a bad state of disrepair and presenting a dangerous possibility of collapse, for carrying out improve mental works in slum areas, and for advancing .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR2425; 1985(2)KarLJ300
..... annexure-f reads thus :'proceedings of the government of karnataka.sub : allotment of lands acquired under urban land (c&r;) act, 1976 in hubli-dharwar agglomeration in favour of improvement board, hubli.read : letter no. tp. ab. ..... 24 of krishnapur, hubli in favour of private agencies as recommended by the district level urban land committee, dharwad as a matter of policy.in the matter read at (2) above, the chairman improvement board, hubli has requested government to allot the said lands in favour of improvement board, hubli as the government have taken decision not to allot these lands to private agencies.the director of town planning in his letter read at (3) above has recommended for allotment of said lands in favour of improvement board, hubli. ..... not conceding this claim but alloting portions of this area in favour of the improvement board, hubli, the state government has issued the order at annexure-f.7. ..... ' accepting this recommendation of the state level committee and also taking note of a letter addressed to it (the state government) in the matter by the chairman, improvement board, hubli the government issued annexure-f. ..... ibh/ulc/84-dated 8-8-1984 from the chairman, improvement board, hubli.letter no. ..... 157/1+2/1 of village ayodhya lying within the urban agglomeration of hubli-dharwar came to be acquired by the state government under sub-section (3) of section 10 of the urban land (ceiling and regulation) act, 1976 (hereinafter called the act).4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1985(Supp)SCC476; [1985]Supp1SCR145
..... -section (1) of section 65 were required to be spent on construction, repair, improvement and maintenance of rural roads, the construction or repair or improvement and maintenance of rural roads was not one of the obligatory functions of the market committees under the act; and the construction and maintenance of rural roads, which were public roads, were the primary responsibility of the state and its instrumentalities such as the authorities under the karnataka municipalities act, 1976 ; karnataka municipalities act, 1964 ; etc. ..... committees and, therefore, the enhancement is invalid in law; (4) amendment of the bye-laws made for enhancement of the rate the market fee available under section 65(2) of the act from one percent to two percent is invalid in law; (5) the provisions of the act are repugnant to the tobacco board act, 1975 and, therefore, tobacco is liable to be removed from the schedule; and(6) there shall be no refund of the market fees collected under the substituted section 65(1) of excess fee ..... 462 and 466 of the paper book, it was pointed out on behalf of the petitioners before this court that the market committees had not even upto that date been registered under the tobacco board act, 1975, in the first letter written to the market committee it was stated that the market committee could not be given registration because these lacked certain necessary qualifications and was therefore incapable of rendering any .....
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 .....
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