Court : Karnataka
Reported in : ILR1990KAR390; 1990(3)KarLJ520
..... is not involved; that the location of the sewerage treatment plant in the civic amenity site is opposed to the provisions of the bangalore development authority act, 1976 (hereinafter referred to as the 'act') and that civic amenity site cannot at all be used for the purpose for which it is now proposed to be used. in ..... the oxidation pond. the final incorporating the above suggesting may be furnished at an early date.'in addition to this, when a news item appeared in a kannada daily 'prajavani' dated 28-2-1989 the third respondent got the matter re-examined through the incharge additional secretary, department of ecology and environment, who on ..... effluent treatment plant, the area will be polluted and will have mosquito nuisance. he had questioned the wisdom of the pollution control board and the bangalore development authority in allowing such a unit to come up around residential area.the area where the treatment plant is under construction who was examined and discussions were held .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR2117; 2002(4)KarLJ48
..... .2. the petitioners claim to be the owners of different parcels of land in different survey numbers of village padavu in mangalore taluk of dakshina kannada district. ..... in these petitions for a writ of certiorari, the petitioners assail the validity of a notification issued by the mangalore urban development authority under section 19(1) of the karnataka urban development authorities act, 1987, insofar as the same pertains to the land owned by the petitioners. the challenge arises in the following circumstances ..... in terms of a notification issued under section 17(1) of the act mentioned above, an area measuring 15 acres and 57 cents in all comprising different survey numbers including those owned by the petitioners was notified for acquisition by the mangalore urban development authority. this was .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1419
..... 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 ..... petitioners in these cases are owners of lands situate in bangalore south taluk. 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 ..... of the scheme amongst other things referred to in sub-section (1) thereof. section 17 of the bda act provides for procedure of completion of scheme. when a development scheme has been prepared, the authority will have to draw up a notification indicating the fact of a scheme having been made, the limits of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR75
..... the question of laches only.4. it is submitted by the learned counsel for the petitioners, relying on the provisions of section 38 of the bangalore development authority act (in short the act) that the power is conferred on the b.d.a. to transfer the lands to the petitioners by making a proper resolution to that effect.5. ..... 8-1984and anr., the supreme court observed as follows after referring to the provisions contained in section 21(2) of the delhi development act, 1957:'we have suggested in the above decision to all development authorities in india to provide a house site to every person whose land is acquired for purposes of city and town extensions at a ..... be given the power to reconvey the land vested in it, by exercising the power under section 13 of the act, that would be self-defeating and destructive of the purpose of constituting a special authority for the development of the city of bangalore. thus construed, both the resolutions in favour of the petitioners in both the petitions .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2792; 1994(2)KarLJ158
..... c.c. after elaborate discussion of the various provisions of the karnataka town and country planning act, 1961, the city of bangalore improvement act, 1945, the bangalore development authority act, 1976 and the karnataka municipal corporations act, 1976 and the rules and regulations framed thereunder concluded thus:'i) the corporation is not ..... empowered to grant licences to the owners of the sites in the area in question to put up multi storey multi family dwelling units; ii) the scheme and both the citb act and the b.d.a. act ..... operative society which is a private concern and no lease-cum-sale has been executed by the allottee in favour of the bangalore development authority' the aforesaid decision of the high court did not apply. the learned counsel further referred me to another letter dt.2.3. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR705; 1997(4)KarLJ442
..... viz., mico layout, submitted by the society as per annexure-b. the said society formed the layout as required under bangalore development authority act and rules and regulations and also according to comprehensive development plan (cdp). it is their case that the society has earmarked 2 ca sites for play ground for the use of the ..... said benefits to the public. therefore, in my opinion the transfer contemplated under section 32(5) need not be in terms of transfer of property act, though the authority exercises its right over those properties. therefore, the contention canvassed on behalf of the petitioner in this regard is rejected.12. admittedly, site in question ..... one another contention which is urged for consideration by the petitioners' counsel is that under section 32(5) of the bda act, the ca site ought to have been transferred in favour of the authority permanently as per the agreement since there is no transfer of ownership of roads, side-drains, culverts, underground drainage and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR3794
..... down the provision of section 32(5) of the karnataka urban development authority act, 1987 (hereinafter referred to as the 'act' 1987) and further sought for a declaration that the petitioners are the owners of the civic amenity sites and for further declaration that the urban development authority has no right whatsoever to deal with the said property.2 ..... order to appreciate the rival contentions, it is useful to refer to certain provisions of the act, 1987. the preamble of the act 1987 reads as follows :'an act to provide for the establishment of urban development authorities for the planned development of major and important urban areas in the state and the areas adjacent thereto and for matters ..... certain percentage of land is to be reserved for a civic amenity, whether the layout is formed by the urban development authority or by a private person as provided under section 32 of the act 1987. this reservation of land for a civic amenity is for the benefit of the public in general and for .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(5)KarLJ200; ILR2007(2)Kar1943; 2007(3)KCCRSN127; 2007(3)AIRKarR521
..... btm layout') pursuant to preliminary notification dated 19-9-1977. the said notifications were issued under sub-section (1) of section 17 of the bangalore development authority act, 1976 (for short, 'the act'). suffice it to say that notices of the acquisition were served on the original kathedar, i.e., s.k. venkateshappa. objections were invited, filed ..... filed by the kathedar/l.rs of the kathedar in view of the issuance of subsequent notices under sections 9, 10 and 11 of the bangalore development authority act and also taking into consideration that the kathedar/l.rs of kathedar have subsequently appeared in the civil court in lac no. 126 of 1992 seeking ..... view is taken by another division bench in the case of a. krishnamurthy (deceased) by l.rs v. bangalore development authority and ors. : ilr1996kar1258 :4. on the scope of section 27 of the bangalore development authority act, 1976, a division bench of this court has considered the same and explained to the effect that for the scheme .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR1276
..... allotted to her does not come under the purview of rule 11, but in fact the site is not a stray site and hence the bangalore development authority acted illegally in allotting site no. 94/g as a stray site. beyond this expression of opinion, i am unable to discover any characteristic of a ..... constructions on the sites allotted to them, the state of karnataka issued notices to the petitioners purporting to exercise its power under section 63 of the bangalore development authority act, 1976 and calling upon the petitioners to show cause as to why the allotment of sites made in their favour should not be cancelled for two reasons ..... basis. the state government is supposed to have exercised its power of revision under section 63(1) of the bangalore development authority act in reviewing or revising the orders of allotment made by the bangalore development authority. the powers exercised by the state government is a statutory power. statutory power in its exercise entails the responsibility of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR4487; 1991(3)KarLJ8
..... acquisition of the said vacant land.however, by a preliminary notification dated 19-9-1977 issued under section 17 of the bangalore development authority act, 1976 (for short 'the bda act') (annexure-d) and published in the karnataka gazette dated 29-9-1977, the said land in survey no. 14/16 of tavarekere was ..... proposed for acquisition, among other lands, for formation of residential building sites by the bangalore development authority under the bda act, under a layout scheme known as 'byrasandra tavarekere madivala scheme'. objections raised respecting the proposed acquisition of the land in survey no. 14/16 of ..... of the aforesaid preliminary notification and final notification (annexure-d & e) issued under the bda act, by which acquisition of 2 acres 8 guntas of land in survey no. 14/16 of tavarekere is made by the bangalore development authority.3. the only contention raised by sri v. tarakaram, learned counsel for the petitioner-society, .....
Tag this Judgment!