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Sunandamma (Since Deceased) by L.Rs Vs. the Special Land Acquisition O ...

Court : Karnataka

Reported in : 2009(1)KarLJ189:2009(3)AIRKarR432:AIR2009NOC1871.

..... of kelagote village, chitradurga taluk, which were acquired pursuant to a preliminary notification dated 16-9-1982 issued under section 28(1) of the karnataka industrial areas development act, 1966, which is analogous to section 4(1) of land acquisition act, 1894 (for short, 'the act'). ..... contended that, the property was acquired, for being used for industrial purpose and that the land in question had the potentiality for the industrial use, being situated in a developed area with all the amenities. ..... allowed additional market value at the rate of 12% from 16-9-1982, the date of preliminary notification, till the date of award and solatium at the rate of 30% on the enhanced market value under section 23(2) of the act and further ordered for payment of interest at 9%; for the first year from the date of taking possession and at 15% thereafter, till the award amount is paid or deposited. ..... contention was opposed on behalf of the claimants contending that, there is no prohibition to claim higher compensation after amendment act 68 of 1984, has come into force and the high court was justified in enhancing the compensation. ..... hence, to the extent of awarding interest beyond 27-7-1985 under section 23(1-a) of the act, is liable to be set aside, so that, the award passed by the courts below will be in conformity with the statutory ..... hence, interest at the rate of 12% applicable in terms of section 23(1-a) of the act is payable only upto 27-7-1985 and not till the date of passing of the award on .....

Smt. Yashoda Gowdh and ors. Vs. Karnataka Industrial Areas Development ...

Court : Karnataka

Reported in : 2010(1)KarLJ283

..... in these writ petitions, petitioners are challenging the notification issued under section 28(1) of the karnataka industrial areas development act, 1966 ('act' for short) vide annexure-a and the notice issued under section 28(2) of the act vide annexure-e.2. .....

Pawan Singh and ors., Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 112(2004)DLT420; 2004(75)DRJ739

..... 'thus, the court held that when there was urgent need for the acquisition of land and there was no provision under the karnataka industrial areas development act, 1966 for acquiring the land on urgent basis, land could be acquired under the land acquisition act by resorting to section 17. ..... government (supra) we find that the supreme court held in no uncertain terms that it was open to the government to acquire the land even for housing purpose by resorting to la act although kanpur urban area development act (in short 'the kanpur act') also provided for acquisition of land specially for the said purpose. ..... or any part thereof or any portable shelter;(d) xxx(e) 'competent authority' means any person or authority authorised by the central government, by notification in the official gazette, to perform the functions of the competent authority under this act for such area as may be specified in the notification;(f) xxx(g) 'land' includes any right or interest in land;(h) xxx(i) 'metro railway' means a metro railway or any portion thereof for the public carriage of passengers, animals or goods and includes ..... government, : [1964]3scr425 that the fact that the lands could be acquired for a scheme under the kanpur urban development act (u.p. ..... the next contention is that the acquisition under the central act which is a more stringent provision is vocative of article 14 since it deprives the appellants of the right of the more liberal provisions of the karnataka act, 1966. .....

Sunandamma (Since Deceased by Lrs. M.V. Padmanabha Shetty Step Son of ...

Court : Karnataka

..... kelagote village, chitradurga taluk, which were acquired pursuant to a preliminary notification dated 16.9.82 issued under section 28(1) of karnataka industrial areas development act 1966, which is analogous to section 4(1) of land acquisition act, 1984 (for short 'the act'). ..... that, the property was acquired, for being used for industrial purpose and that the land in question had the potentiality for the industrial use, being situated in a developed area with all the amenities. ..... additional market value @ 12% from 16.9.82, the date of preliminary notification, till the date of award and solatium @ 30% on the enhanced market value under section 23(2) of the act and further ordered for payment of interest at 9% for the first year from the date of taking possession and at 15% thereafter, till the award amount is paid or deposited. ..... was opposed on behalf of the claimants contending that, there is no prohibition to claim higher compensation after amendment act 68 of 1984, has come into force and the high court was justified in enhancing the compensation. ..... hence to the extent of awarding interest beyond 27.7.85 under section 23(1-a) of the act, is liable to be set aside, so that, the award passed by the courts below will be in conformity with the ..... was entitled to be awarded interest under section 23(1-a) of the act, till the date of taking possession of the land. ..... compensation payable for a land acquired under the act is determined by taking into account the market value of the land .....

V. Narasimhaiah and anr. Vs. Special Deputy Commissioner and ors.

Court : Karnataka

Reported in : 2006(6)KarLJ678

..... puram hobli; that in view of final notification issued under section 28(4) of the karnataka industrial areas development act, 1966 and the publication of the same in the gazette, the land has now vested with the government with no encumbrance in terms of section 28(5) of the said act; that the owner of such land being entitled to claim compensation and the board having already deposited the amount in the city civil court, ..... the conditions of the grant for indicating that the transfer was in violation of the same and more over the land in question having been acquired for the benefit of the karnataka industrial area development board (for short. ..... no more applicable once the land in question has been acquired, particularly to make use of it for a non-agricultural purpose, in the instant case for industrial purpose; that the object of the act is for not merely invalidating the transactions which have taken place in violation of the terms of the grant but also to resume the possession of such land and to restitute it in favour of the grantee or the ..... are, not as much disputed, what is principally urged is that as the land in question had already been acquired by the board even by the time an application was moved under the provisions of the act before the assistant commissioner, the assistant commissioner and the deputy commissioner do not have jurisdiction to entertain the matter thereafter and the application is rightly rejected by the assistant commissioner and the appeal is also .....

M/S. Indian Rayon and Industries Limited (Rajshree Cement Division), A ...

Court : Karnataka

Reported in : AIR2000Kant155; ILR2000KAR1444; 2000(2)KarLJ1

..... to the district registrar-respondent 3, stating that there is exemption provided from payment of stamp duty in view of section 43 of the karnataka industrial areas development act, 1966 (hereinafter referred to as 'the act'). ..... appellant took up the matter again with the karnataka industrial areas development board and the respondents by making several representations but ..... divests itself of all the right, title or interest in a certain property to bestow it on a third party, then the said transaction loses the character of a contract as defined in section 43 of the act and becomes a pure and simple sale or conveyance on which stamp fee is to be paid by the beneficiary concerned and the exemption that is available under section 43 would no longer survive for the benefit of ..... transfer any property held by it on such conditions as may be deemed proper by the board'; clause (h) of section 14 of the act states, 'to enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of its functions;'.7. ..... appeal contending inter alia, that no stamp duty is payable on the sale deeds executed by the kiadb in favour of the appellant and the same is exempted in view of section 43 of the act which provides for exemption from payment of stamp duty and the registration fee in respect of documents executed by kiadb.4. ..... present case being the appellant industry it goes without saying that it is bound to pay the stamp duty and fee under the stamp fees act.12. .....

M/S. Pals Industries Limited, Bangalore Vs. the District Registrar (De ...

Court : Karnataka

Reported in : ILR1999KAR322; 2000(3)KarLJ48

..... on section 43 of the karnataka industrial areas development act, 1966 ('kiad act' for short), which reads as ..... the karnataka industrial areas development board ('kiadb' for short) a statutory body executed a deed of sale dated 29-8-1996 (annexure-b) in favour of the petitioner in regard to a plot of land allotted to the petitioner as per terms and ..... karnataka, this court has held that the concession extended to deeds of conveyance executed by eda, khb and house building co-operative societies and other bodies under the proviso to article 20 of the schedule to the act (that is payment of stamp duty only on the consideration mentioned in the deed of sale and not on the market value on the date of sale) has not been extended to sale deeds executed by ..... proceedings are to be initiated, respondent ought to have applied his mind, having regard to the location of the property and other relevant circumstances, as required under section 45-a of the act and rules framed there under; and that in this case, the respondent has not determined the market value by considering the relevant factors and therefore it should be quashed. ..... --no award or agreement or contract made or executed under this act, or under any rule of regulation made there under shall be chargeable with duty under the karnataka stamp act, 1957, or fees under the indian registration act, 1908'.petitioner contends that the deed of sale executed by kiadb in its favour is a 'contract' and having regard to section 43, no stamp duty is .....

State of Andhra Pradesh, Department of Legislative Affairs and Justice ...

Court : Andhra Pradesh

Reported in : 2009(3)ALT1; 2009CriLJ2705

..... : air2003sc4536 considering the regulations 7 and 13 under karnataka industrial areas development act, 1966 where two different procedures are contemplated, which is extracted below:7. ..... -notwithstanding anything contained in these regulations the board in consultation with the state government may allot any plot or area other than those in respect of which applications are called for under regulation 7 to any individual or company for the establishment of an industry or for the provision for any amenity required in the industrial area.held thatsimilar considerations were made in respect of colour television picture tube project of the company and manufacture of batteries. ..... for convenience sake, said rule is extracted;restrictions on senior advocates:senior advocates shall, in the matter of their practice of the profession of law mentioned in section 30 of the act, be subject to the following restrictions:(a) a senior advocate shall not file a vakalatnama or act in any court, or tribunal, or before any person or other authority mentioned in section 30 of the act.explanation : 'to act' means to file an appearance or any pleading or application in any court or tribunal or before any person or other authority mentioned in section 30 of the .....

P. Keshava Murthy Vs. the State of Karnataka Represented by Its Secret ...

Court : Karnataka

Reported in : ILR2005KAR4772; 2006(3)KarLJ271

..... a notification under section 28(1) of the karnataka industrial area development act, 1966 was issued on 8.6.96 proposing to acquire the land along with the adjacent lands for the establishment of the international airport ..... even if there are large number of claimants, reference under sections 30 and 31 of the act has to be made, making all the rival claimants as parties to the suit. ..... but the learned judge has failed to note that a reference under sections 30 and 31 of the la act has to be tried as a regular civil suit and an order passed under sections 30 and 31 of the act amounts to a decree which can be challenged only by way of appeal. ..... direction is issued to the land acquisition officer to refer the matter under sections 30 and 31 and section 18 of the la act to a reference court to adjudicate the claim of all the rival claimants. ..... it was strongly pressed that under section 31 of the land acquisition act the collector is bound to tender payment of compensation awarded by him to the persons entitled thereto according to the award and that implied that a right in the amount of compensation arises to the person to whom compensation is directed to be paid ..... but the learned judge without considering the scope of sections 30 and 31 of the act has directed each of the claimants to approach the civil court. ..... , this court is of the opinion that the order of the learned judge is contrary to the provisions of sections 30 and 31 of the act and judgment of the hon'ble supreme court in dr. g.h. .....

Sri B. Srinivas, Son of Late ByrappA. Vs. the State of Karnataka

Court : Karnataka

..... 176) measuring 2 acres situated at bagalur village in jala houli of bangalore north taluk, has filed this writ petition to quash a notification issued under s.28(4) of the karnataka industrial areas development act, 1966 (for short, the act), dated 09.04.2008, as at annexure-f. 2. ..... learned counsel submitted that there being no material produced with regard to compliance of the mandatory provision under s.28(2) of the act and there being no opportunity provided to the petitioner, the acquisition of the petitioner's property as per the impugned notification is wholly arbitrary and illegal. 6. ..... however, liberty is reserved to the respondents to initiate fresh acquisition proceedings in terms of the provisions of the act and proceed further in accordance with law, if the petitioners property is required for any public purpose. ..... it has been further stated that the procedure as contemplated under the act was followed and the acquisition proceedings do not suffer from any infirmity. 5. ..... in view of the violation of the statutory requirement under s.28(2) of the act, the impugned notification, in so far as it relates to the petitioner's property is concerned, is arbitrary and illegal. ..... the grievance of the petitioner is, that notice under s.28(2) of the act was not served on him and without providing an opportunity of hearing, the notification issued under s.28(4) of the act is whole arbitrary and illegal. 4. .....