Court : Karnataka
Reported in : 2008(2)KarLJ182; ILR2007(4)Kar4891; 2008(1)AIRKarR523
..... the petitioners in the said writ petitions had questioned the notification dated 27.1.2004 issued under section 3(1) of the karnataka industrial areas development act, 1966, (hereinafter referred to as the 'kiadb act' for short) whereunder the lands in sy. ..... the perusal of the decisions cited by the appellants in the case of heggapppana var would indicate that, this court while considering the provisions of mysore industrial area development act had laid down the law that even if in a particular place single industry is established, the same would answer the definition of industrial estate within section 2(7) of the act. ..... to by the learned counsel for the appellant that even for a single industry, an area could be declared as an industrial area and in that contact if the present case is examined, even from that stand point what is to be considered is as to whether the government has applied its mind in the manner it is inquired to do white declaring an area as an industrial area under section 3(1) of the act even if a single industry is to be located, what is to he considered is as to whether such an industry should be developed in such an area and the process of consideration in arriving at such a conclusion would be the all .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR770; 1991(1)KarLJ299
..... however, on 24-8-1934 a notification under section 3(1) of the karnataka industrial areas development act, 1966 came to be issued declaring hoodi village as an industrial area for the purpose of the said act and on the same date another notification was issued under section 1(3) of the said act specifying the areas mentioned in the schedule making the act applicable. ..... assistant-commissioner as follows:'provisions giving overriding effect to the acts are found in section 47 of the industrial areas development act of 1966 and section 76m of the town and country planning act of 1961. ..... with regard to the first of the submissions, we should point out that the power of acquisition under section 28(2) of the karnataka industrial areas development act, 1966 cannot be whittled down by the application of the provisions of the karnataka town and country planning act, 4961. ..... with regard to the delay, we are only constrained to refer to section 30 of the karnataka 'industrial areas development act, 1966. ..... even assuming otherwise, as rightly urged by the learned counsel for respondents 2 and 3, the satisfaction under section 28(4) of the industrial areas development act is to be arrived at by the state government and therefore this factual aspect has no bearing on the question, more so, when the government has already notified its intention by the issue of two notifications dated 24-8-1984.7. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR1649; 1996(3)KarLJ39
..... the background leading to this petition is issue of a notification dated 9.6.1994 under section 28(1) of the karnataka industrial area development act, 1966 ('act' for short) extending chapter vii of the act and another notification issued on 7.7.1994 proposing to acquire 5033 acres 36 guntas of land in bangalore north taluk and devanahalli taluk which are spread over in ten villages of devanahalli taluk and four villages in ..... next take up the contention that the acquisition is ultravires the karnataka industrial areas development act, 1966. ..... it is contended that an airport cannot be an industry for the purpose of the act and therefore the order acquiring land for the purpose of such an airport is not within the scope of the act, under section 28, what could be acquired is only for the purpose of the act and the purpose of the act being only to secure the establishment of industrial areas or develop industries thereto where the industries are accommodated, location of an airport would not be one ..... was filed, it is stated that a reply has been sent to the petitioners on 17th august, 1995 stating that the mou between the karnataka industrial area development board and the consortium is yet to be finalised. ..... is that the said act provides for securing the establishment of the industrial area and industrial area would mean an area declared to be an industrial area by the state government which is to be developed and where industries are accommodated and includes an industrial estate. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(6)KarLJ11; 2009(4)AIRKarR352
..... the petitioner has approached this court seeking for quashing of such collection of what is known as betterment fee contending inter alia, that the subject land being classified as land in an industrial area and such being the declaration by the state government way back in the year 1983 under the provisions of the karnataka industrial areas development act, 1966 (for short, 'kiad act'), there is no obligation on the part of the petitioner to pay any fee towards betterment charges etc. ..... second respondent and examined the submissions made at the bar by the learned counsel for the parties with reference to the statutory provisions under the three enactments, namely, karnataka town and country planning act, 1961, karnataka industrial areas development act, 1966 and the karnataka urban development authorities act, 1987. ..... other appropriate writ, order or direction directing the respondents to declare that the immovable property in an extent of 436.37 acres of land possessed by the petitioner within the jurisdiction of the 2nd respondent as 'industrial area' not liable for payment of any fee under the karnataka urban development authorities act, 1987;(f) grant such other relief/s as this hon'ble court deems fit under the facts and circumstances of the case, in the interest of justice and equity.10. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007(3)KAR2946; 2007(6)KarLJ426; 2006(6)AIRKarR545
..... statute, which operates in respect of the acquisition of the land and disposal there of is under the karnataka industrial areas development act, 1966 and the regulations made therein. ..... to the contentions, it is necessary to refer to the provisions of the karnataka industrial area development board regulations 1969 (for short 'the regulations'). ..... plots in developed industrial area are normally auctioned to realize the loss incurred by the kiadb otherwise.epip area, where the plot that is in question in the above writ petition is situated, was formed by the kiadb to promote export promotion industries and the plots are primarily allotted to only export promotion industries. ..... 4(a) reads thus:4(a) an application for the allotment of land or shed in an industrial area shall be made to the executive member in the prescribed form (form 1) obtained from the board in duplicate along with an earnest money ..... 128-part of epip area, as the petitioners have already been allotted a plot measuring half an acre in the said epip industrial area on 11.12.1996 in the trade name of balaji corporate services, wherein a hotel has already been ..... the petitioners' case is that the said project is designed to support the growth and developmental activities in the it corridor and export promotion industrial park (for short 'epip') area, which intended to provide facilities such as lodging, service suits (apartments), restaurants, business center and executive club, banquet hall and conference rooms, health .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC671; JT1995(8)SC229; 1995(6)SCALE426; (1996)7SCC302; [1995]Supp5SCR221
..... large tract of land contiguous to the area acquired by the impugned notifications had already been acquired by the said board under the karnataka industrial areas development act, 1966 (for short 'karnataka act'), which also provides for acquisition of land ..... board is not acquisition for the company to attract this argument if the acquisition is for the board then the other argument is that it should be made under the karnataka industrial areas development act, 1966 and not the central act. ..... land earlier acquired for the same project bears striking similarity to the form of sale prescribed in the regulations governing the disposal of lands by the board under section 14(a) of the karnataka industrial areas development act, 1966. ..... -i) under section 4(1) and section 17 of the land acquisition act, 1894 was then published on 18/7/1994 which begins as under :the lands shown in the annexed index are required for a public purpose, that is, to establish information technological park through karnataka industrial areas development board.the above extract mentions the purpose of acquisition as a public purpose to establish information technological park through karnataka industrial areas development board. ..... the acquisition is for the public purpose of establishment of a technological park of undoubted national importance, which is a joint venture project, involving three collaborators of which the government of karnataka is one acting through the karnataka industrial areas development board. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1984KAR205
..... the karnataka state legislature enacted 'the karnataka industrial areas development act, 1966' to make special provision for securing the establishment of industrial areas in the state of karnataka and generally to promote the establishment and the orderly development of industries in such industrial areas, and for that purpose to establish an industrial areas development board and for purposes connected with the matters aforesaid.the acquisition and disposal of lands is regulated by section 27 to 31 in chapter vii of the act. ..... the petitioners in all these writ petitions have challenged the validity of the acquisition of their lands under the industrial areas development act, 1966 (hereinafter referred to as the act) by the state of karnataka.2. ..... - narayanappa learned counsel for the karnataka industrial areas development board submitted that the petitioners did not file their objections within 30days after service of notice as is required under section 28(2) and they not having objected to the acquisition proposed within the time specified, ..... chapter iii of the act therefore provides for publication of a notification in the karnataka gazette by the state government giving notice of its intention to acquire such land required for the purpose of the development of the industrial areas board etc, and thereafter service of notice upon the owner, occupier and all such persons interested in such land to show cause within 30 days of service of notice, why the land should not be acquired .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR3652; 1992(4)KarLJ571
..... lands are acquired for the improvement of kiadb under a preliminary notification dated 30.10.1981 under section 28(4) of karnataka industrial areas development act 1966 which is anologous to section 4(1) of the land acquisition act 1894, shortly 'act'. ..... the special land acquisition officer, karnataka industrial areas development board, dharward, shortly referred as 'kiadb' preferred the above appeals against the enhancement of compensation of market value made by the reference ..... the distance in between narayanapura and kelageri is about one mile, the lands which were acquired for industrial purpose are located nearby and from this site to that industrial area, there are several residential houses built and she is also residing in the same place after constructing a house in ..... according to the learned advocate there is no provision made in the kiad act 1966 to file an appeal on the award made by the reference court as section 30 does not provide the provision for appeal.section 30 reads ..... the deduction of development charges and area to be deducted towards roads, drains and parks ..... instant case also, the acquired land possesses some important features being located within the corporation area, and its potentiality for being developed as a residential area. ..... principle is to ascertain the market value of the land taking into consideration the special value which ought to be attached to the special advantage possessed by the land; namely, its proximity to developed urbanised areas.'32.1. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2007(3)SC112; (2007)4MLJ617(SC); 2007(2)SCALE573; (2007)9SCC768; 2007AIRSCW1058; AIR2007SC1106; ILR2007(2)Kar1639; 2007(2)KLJ145; 2007(3)KCCR1985
..... on october 28, 1998.by the impugned order, the high court upheld the contention of the original petitioners and quashed notification dated november 13, 1997 issued by the state of karnataka under sub-section (1) of section 28 of the karnataka industrial areas development act, 1966 (hereinafter referred to as 'the act').2. ..... in the year 1978, the industrial area development board, karnataka ('board' for short) acquired 120 acres of land of different survey numbers situated in devarayapatna for the purpose of establishing a watch factory, namely, h.m.t. ..... the state authorities were not required to produce material for 'perusal' of the court as to expansion of industrial area or development of industry. ..... section 3(1) of the act requires that the state government shall declare any area as an industrial area by a notification and a notification under sub-section (3) of section 1 of the act is required to be issued to extend the provisions of chapter vii in respect of the area declared as an industrial area under sub-section (1) of section 3 of the act by the notification. ..... it is further material to see that the first respondent in exercise of its power under sub-section (3) of the act issued a composite notification declaring the industrial area and the application of chapter vii to such area. ..... it reads;(1) the state government may, by notification, declare any area in the state to be an industrial area for the purposes of this act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR1789; 2009(5)KarLJ556
..... the acquisition of land vide preliminary notification, dated 2nd june, 2006 and final notification (declaration), dated 16th august, 2006 under karnataka industrial areas development act, 1966 (hereinafter called 'the kiad act' for short) is being assailed in these three petitions. ..... the purposes of this act;section 2(6) ' industrial area ' means any area declared to be an industrial area by the state government by notification which is to be developed and where industries are to be accommodated and industrial infrastructural facilities and amenities are to be provided and includes, an industrial estate;section 2(7) ' industrial estate ' any site selected by the state government where factories and other buildings are built for use by any industries or class of industries;section 2(7)(a) 'industrial infrastructural facilities' means facilities which contribute to the development of industries established in industrial area such as research and development, communication, transport, banking .....
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