Court : Karnataka Dharwad
..... and such manner cannot pass scrutiny, particularly, the scrutiny of judicial review of state action not only on the touchstone of the provisions of the karnataka industrial areas development act, 1966 and rules, the karnataka industries [facilitation] act, 2002 and the environment [protection] act, 1986, but also the constitutional provisions and placing and placing reliance on the judgments indicated above has strongly urged for allowing the appeals, quashed the ..... fact they are fighting a losing battle to save their lands for livelihood or sustenance due to the compulsory take over of this land by the state government by issue of notifications u/s 3 (1), (3) and 28 of the karnataka industrial areas development act, 1966 (for short the act). 2. ..... clearance committee, it was processed by the committee and approved in terms of the order dated 22.12.2005 and as a sequel, the acquisition proceedings have been initiated under the provisions of the karnataka industrial areas development act, 1966. 86 ..... , who has been delegated to exercise the powers of state government under rule 14 of the karnataka industrial area development board rules, 1966, heard the objections of all persons, who had appeared and forwarded his report to the state government after passing an order under section 28(3) of the act on 12.04.2007, opining that it was necessary to acquire the notified lands in the interest of development of industries and therefore he is ordering for issue of notification under section 28(4) of .....
Tag this Judgment!Court : Karnataka Dharwad
..... on 06.03.2003, to deposit 40% of the acquisition cost for issuing notification under sections 3(1), 1(3) and 28(1) of karnataka industrial areas development act, 1966 (for short the act), the deposit was made on 11.06.2004. ..... section 28(3) was delegated to respondent no.2, as per rule 14 of the karnataka industrial areas development rules, 1966. ..... an agreement dated 15.11.2000, was entered by the karnataka industrial areas development board (for short the board), for acquiring 30 acres 5 guntas of land to set up ..... time, in the opinion of the state government, any land is required for the purpose of development by the board, or for any other purpose in furtherance of the objects of this act, the state government may by notification, give notice of its intention to acquire such land. ..... learned counsel submitted that respondent no.4 is using the property for industrial purpose and would suffer severe hardship in case of any interference ..... understand why the slao who has recorded that he is satisfied about the arguments advanced by the land owner, and yet orders for continuation of the land acquisition process u/s 28(4) of kiadb act merely because of the reason that the beneficiary of the acquisition needs the land. ..... ramachandra, that the issue of a declaration under sub-section (4) of section 28 is not a mechanical act and that any such declaration can be validly made only if the government have considered and been satisfied that the issue of any such declaration is necessary for the public .....
Tag this Judgment!Court : Karnataka Dharwad
..... . it is rather ironic that a combination of the statutory provisions under the karnataka co-operative societies act, 1959, karnataka industries [facilitation] act, 2002 and the karnataka industrial area development act, 1966, are all pressed into service for the purpose of acquiring a small extent of 13 acres 27 guntas of land in a ..... it is urged that even assuming for arguments, the karnataka industrial area development act, 1966 is a special enactment, vis- -vis, the industrial areas development act, nevertheless, the procedural compliance with section 14-a of the karnataka town and country planning act, 1961 is very necessary and that having not been complied with, notifications are bad for this reason ..... case that after declaration of final notification under section 28(4) of the karnataka industrial areas development act, 1966, (hereinafter called as the kiad act in short), notice under section 28(6) was served calling upon the appellant owners to deliver the possession of the lands to the authorized officer of state government under the provisions of kiad act within 30 days from the date of serving of the notices ..... . the concept of public purpose whether as understood under the land acquisition act, 1894, or under the karnataka industrial area development act, 1966, is not the same as a private project and for the benefit ..... of some parcels of lands notified initially u/s 3(1) of the karnataka industrial area development act, 1966 (for short the act) as per notification no. .....
Tag this Judgment!Court : Karnataka Dharwad
..... industrial area development board (hereinafter referred to as 'the board' for short) is established under section 5 of the karnataka industrial areas development act, 1966. ..... government with a view to orderly establishment and development of industries in suitable areas of the state and to make special provision for securing the establishment of industrial area in the state of karnataka enacted an act called industrial areas development act. ..... implementation of the same, regulations have been framed under the act called as the karnataka industrial areas development board regulations, 1969 (hereinafter referred to as 'the regulations' for short) in exercise of its power conferred under section 41(2)(b) of the act. ..... of the act makes it clear that kiadb has been established for the purpose of securing lands for development of industrial areas in the state of karnataka for orderly development of the industrial areas. ..... 152/4, 157/1 in sankalapura industrial area, hospet taluk, bellary district as per the allotment letter dated 19-7-2006 and also the registered lease agreement dated 27-7-2006 executed by the second respondent in favour of the 4th respondent and also sought for writ of mandamus directing the respondents 1 to 3 to allot a suitable industrial plot to the petitioners. 2. ..... 16, 17 and 26 of the very same industrial area without considering the applications of the petitioners. ..... an application for allotment of 2 acres of land in sankalapura industrial area, established by the kiadb. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the hon ble supreme court in the said case was dealing with a case of consent award under the provisions of section 11 of the old central land acquisition act, 1894 in an acquisition made by the state under the provisions of the karnataka industrial areas development act, 1966 and the land-holders prayed for quashing of the preliminary as well as final notifications of the land acquisition and on the facts of the case, where on account of a family ..... the division bench of high court, held that the approach of the division bench was totally erroneous and once the proceedings were initiated under the provisions of the karnataka industrial areas development act, 1966, section 11a of the old land acquisition act would not be applicable and on the same parity 34/36 date of judgment:19. ..... to develop a rapid transport system, a company namely hubli dharwad bus rapid transport system (for short hdbrts ) was established by the karnataka state under the provisions of the companies act and to develop an eight lane road between these twin cities from unkal lake, hubballi to jubilee circle, dhrawad, to diffuse the severe traffic congestion and facilitate the rapid transport, the land in question ..... government shall, subject to the provisions of this act, after holding an enquiry, make an award determining, (a) the true area of the land, if any, acquired; (b) the amount of compensation to be paid under section 26; (c) the apportionment, if any, of such compensation amount among all persons known .....
Tag this Judgment!Court : Karnataka Dharwad
..... instructed on 06.03.2003, to deposit 40% of the acquisition cost for issuing notification under sections 3(1), 1(3) and 28(1) of karnataka industrial areas development act, 1966 (for short the act ), the deposit was made on 11.06.2004. ..... under section 28(3) was delegated to respondent no.2, as per rule 14 of the karnataka industrial areas development rules, 1966. ..... special land acquisition officer, kiadb, hubli road, dharwad3 karnataka industrial area development board, r/b its chief executive officer and executive member, bangalore4 bimal s/o kantilal mehta, age:43 yrs, occ:business, r/o hirepet, ..... an agreement dated 15.11.2000, was entered by the karnataka industrial areas development board (for short the board ), for acquiring 30 acres 5 guntas of land to set up ..... any time, in the opinion of the state government, any land is required for the purpose of development by the board, or for any other purpose in furtherance of the objects of this act, the state government may by notification, give notice of its intention to acquire such land. ..... learned counsel submitted that respondent no.4 is using the property for industrial purpose and would suffer severe hardship in case of any ..... the submission made by mr.ramachandra, that the issue of a declaration under sub-section (4) of section 28 is not a mechanical act and that any such declaration can be validly made only if the government have considered and been satisfied that the issue of any such declaration is necessary for the public purpose .....
Tag this Judgment!Court : Karnataka Dharwad
..... there is yet another reason as to why the government ought not to have given additional charge of the post of slao to the registrar of a university; the provisions of karnataka industrial areas development act, 1966, unmistakably show the onerous statutory duties attached to this office which plays a pivotal role in the acquisition of land for industrial area development in the state; the slao has to function as a quasi-judicial authority as well under the scheme of the act; in b.n.dothrad vs ..... from 27.11.2020; he has obeyed all other earlier transfer orders, is evident from record; he is going to retire on 30.04.2022; thus, now he has a short stint of service of about ten months; that being the position, the act of the state government in again transferring him to some other place within two days of transfer and one day of assumption of charge at the transferred place falls short of professed 8 fairness standards and therefore is liable to ..... lakamanahali industrial area poona-bangalore road, dharwad- ..... lakamanahali industrial area poona-bangalore road, dharwad- ..... . 11 (e) the contention of learned government advocate that it is employer s prerogative to deploy his work-force as to subserve the public interest exigencies of administration and therefore, judicial acts done in scrutiny of exercise of such prerogative is not desirable, is bit difficult to sustain; our constitution envisages a welfare state and not an entity like the east india company of bygone era; the government should .....
Tag this Judgment!Court : Karnataka Dharwad
..... consider their representations (annexure-d in all the writ petitions) whereby they sought solatium and interest on the market value of their lands, acquired under the provisions of karnataka industrial areas development act, 1966 (for short the 'kiad act"). ..... the petitioner after about 10-11 months of the date of agreement made a representation to the special land acquisition officer, karnataka industrial areas development board, dharwad, contending that though he had agreed to receive amount of compensation, he did not agree for waiver of solatium and interest, and therefore, in the ..... the date of the publication of the notification under-section 4, sub- section (1)}, and into the respective interests of the persons claiming the compensation and shall make an award under his hand of - (i) the true area of the land; (ii) the compensation which in his opinion should be allowed for the land; and (iii) the apportionment of the said compensation among all persons known or believed to be interested in the land, ..... shamji bhai, (1995) 5 scc 746; (1995 air scw 3827), had considered the similar contentions and held that once the parties have agreed under section 11(2) of the act, the land acquisition officer, has power under section 11(2) to pass the award in terms thereof and that the award need not contain payment of interest, solatium and additional amount ..... 28(4) of the kiad act were issued on 06.12.1995 and 30.10.1997 and the lands were acquired for the purpose of development by the board .....
Tag this Judgment!Court : Karnataka Dharwad
..... while dealing with the acquisition under the karnataka industrial areas development act, 1966 has dealt with the provisions of section 4 of the karnataka land (restriction on transfer) act, 1991. ..... transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in any urban area which is proposed to be acquired in connection with the scheme in relation to which the declaration has been published under section 19 of the bangalore development authority act 1976 or section 19 of the karnataka urban development authorities act, 1987.13. on bare reading of section 4 of the above said act, it is clearly evident that the embargo on the land owners in transferring the property by way ..... of sale, mortgage, gift, wills or otherwise would arise only when a 14 final declaration is published under section 19 of the karnataka urban development authorities act, 1987 ..... would submit to this court that the restriction on land owner to deal with the property would arise only after final declaration is published under section 19 of the bangalore development authority or under section 19 of the karnataka urban development authorities act, 1987. .....
Tag this Judgment!Court : Karnataka Dharwad
..... it was contended that except for few cases where some of the writ petitioners had acquired right by way of documents executed by the karnataka industrial areas development board (kiadb) in their favour, the katha/revenue records stand in their respective names and the name of kiadb is continued in some of the revenue records. ..... state legislature enacted the maharashtra regional and town planning act, 1966 (hereinafter referred to as the regional and town planning act ) to make provision for planning and development and use of land in regions established for that purpose, and for the constitution of regional planning boards therefor; to make better provision for the preparation of development plans with a view to ensuring that town planning schemes are made in a proper manner and their execution is made effective ..... khc-d:12094-db wa no.100266 of 2022 and connected matters opinion of the authority is likely to be made for carrying out any general scheme of street improvement or other schemes or development or expansion by the authority ; (ii) if the proposed street does not conform to the provisions of the act, rules and bye-laws referred to in sub- section (3) ; or (iii) if the proposed street is not designed so as to connect one end with a street which is already open ; or (iv) if the layout in the opinion of the authority .....
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