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State of Karnataka Vs. State of Andhra Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR2001SC1560; JT2000(6)SC1; 1999(4)SCALE332; (2000)9SCC572

..... averments indicating the negotiations and further developments in the matter and then states that the ministry of power, government of india having indicated that 'in principle' clearance of construction of upper krishna hydro-electric power project at almatti, contemplating the height of the dam at 524.256 meters was contrary to the award of the tribunal, and therefore, the plaintiff-state lodged its objections by letter ..... and the further report of the kwdt, disclose a complete scheme, and whether such scheme is capable of implementation at this stage, in view of circumstances referred to in para 11 of the preliminary objections and para 1 of the parawise reply in the written statement of andhra pradesh? (a.p.)6. ..... the state of karnataka however being of the opinion that scheme 'b' having formed a part of the decision of the tribunal was also required to be notified by the central government under section 6 of the act, making it binding on the parties, and the same not having been done, filed the present suit on 1st of march, 1997, impleading the state of andhra pradesh, the state ..... having filed the aforesaid written statement on 7th july, 1997 fully supporting the stand taken by the state of karnataka and seeking relief of the dismissal of the suit filed by the state of andhra pradesh an additional written statement was filed by the said state on 9th april, 1999 giving a clear go bye to the earlier written statement and taking a new stand in relation to the alleged construction .....

Atma Linga Reddy and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : (2008)106CALLT612(SC); JT2008(7)SC601; (2008)7MLJ152(SC); 2008(9)SCALE745; (2008)7SCC788; 2008(2)LC795(SC);

..... was also stated that the project was not referred to by the state of karnataka to the central electrical authority (cea) for clearance.18. ..... in exercise of power under article 262 of the constitution, parliament enacted a law known as the inter-state river water disputes act, 1956 (act xxxiii of 1956) with a view 'to provide for the adjudication of disputes relating to waters of inter-state rivers and river ..... us consider legal position in the light of preliminary objections against the maintainability of the writ-petition.22 ..... water is the basic need for the survival of human beings and is part of right of life and human rights as enshrined in article 21 of the constitution of india and can be served only by providing source of water where there is ..... also insisted on the need of healthy environment and sustainable development as a part of fundamental right to life embodied in article 21 of the constitution.41. ..... at the moment to divert sufficient water in rajolibanda diversion canal for the purpose and object it was conceived and constructed to enable ap to receive major part of the water through rajolibanda diversion canal. ..... it has been held by this court in several cases that right to get water is a part of right to life under article 21 of the constitution. ..... it may be a case that this part of the river being in the mid stream may not be within the control of the tungabhadra board, though, however, the release of water for the diversion canal is regulated by the said board, but then .....

Jindal thermal Power Company Ltd. Vs. Karnataka Power Transmission Cor ...

Court : Karnataka

Reported in : ILR2004KAR3463; 2004(5)KarLJ161

..... when the matter stood thus pursuant to the enactment of the karnataka electricity reforms act, 1999, for short 'the act', the commission came into existence with effect from 1st june, 1999 several rounds of discussions took place between the parties to finalise other terms and ..... whether the authorities which are quasi- judicial authorities should be impleaded as party respondents when the orders made by them are assailed in a writ proceeding under article 226 held:'a preliminary point has been raised on behalf of the respondent that these authorities which are quasi-judicial authorities and whose orders passed under sections 58(2) and 64(1) are quasi-judicial orders, ..... secondly, since the gok felt that the single-part tariff is more advantageous to respondents as the two-part tariff may be open-ended, the gok by its order dated 12th may, 1999 directed the kptcl that the principle of arriving at fixed single-part tariff through negotiations must act as a guideline and should be adopted in ..... the escalation from 5% to 2 1/2%, per annum, despite the fact that the two-part tariff provides for escalation for inflation and exchange fluctuation and complete reimbursement of fuel cost without ..... of the cheapest as it is based on the least cost tariff basis, whereas other companies in the state are being paid higher charges either on the basis of two-part tariff or a fixed negotiated tariff; this assertion made by the appellant in the pleading is not seriously disputed by the respondents. .....

Tarini Infrastructure Limited Vs. Gujarat Urja Vikas Nigam Ltd. Though ...

Court : Appellate Tribunal for Electricity APTEL

..... sources of energy:-(1) the commission may determine at any time the tariff for purchase of electricity from renewable sources of energy by distribution licensees either suo motu or on an application either by generator or by distribution licensee; provided that the tariff approved by the commission including the ppas deemed to have been approved under sub-section (2) of section 27 of the karnataka electricity reforms act, 1999, prior to the coming into force of these regulations shall continue to apply for such ..... on its approval and acceptance by grantor (or by cea, as per the electricity act, 2003), from the final technical specifications of the project and would form an integral part of this agreement. ..... the construction of the project commenced on 24.11.2007 and the appellant requested for preliminary completion certificate on 25.8.2009 and finally after testing by the independent engineer the completion certificate was issued ..... in this decision it has been held that there is no general liberty reserved to the courts to absolve a party from liability to perform his part of the contract merely because on account of an un-contemplated turn of events, the performance of the contract may become onerous. ..... mr.anand k.ganesan, learned advocate for the respondent- guvnl has submitted as follows:- a) as a part of tender process the bid document including the draft concession agreement was circulated by the government of gujarat to the prospective bidders but the guvnl was not a party .....

Sharadamma and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2005KAR3710; 2005(4)KarLJ481

..... petitions filed by the owners of agricultural lands who got their lands converted under section 95 of the karnataka land revenue act contrary to comprehensive development plan published under the karnataka town and country planning act and karnataka land reforms act without notice to the planning authority under section 69(2) of the karnataka town and country planning act and without awaiting six months ..... limitations' (eighth edition, volume i) at page 382 under the heading 'consequences if a statute is void' says:'when a statute is adjudged to be unconstitutional, it is as if it had never been in toto is true also as to any part of an act which is found to be unconstitutional, and which, consequently, is to be regarded as having never, at any time, been possessed of any legal force'.in rottschaefer on constitutional law, must to the same effect is stated at page 34:'the legal status ..... how the bangalore water supply and sewerage board will augment the water requirement, how the additional electricity for the layout will be provided, the transport facilities, hospital, police station, school/college and ..... acreage was 3839 acres 12 guntas as per the correct total of the abstract in the preliminary notification, for the purpose of issuing final notification the total extent is taken as only 3339 ..... 18867 of 1999 vide annexure-d.the further case of the petitioner is that since respondents 3 to 5 in the aforesaid writ petition have repudiated the agreement, arbitration proceedings were initiated .....

Hassan Thermal Power Pvt. Ltd., Vs. State of Karnataka

Court : Karnataka

..... the karnataka electricity reforms act, 1999 (for short act 1999) was enacted under karnataka act no 25 of 1999 vide gazette dated 21.8.1999 and the electricity act, 2003 (for short act 2003) act no.36 of 2003 vide notification dated 10.6.2003.6.... ..... (5) karnataka electricity reforms act, 1999 (karnataka act, 25 of 1999) ppa dated2204.1999 14.3 arbitration the above, if any (a) notwithstanding dispute is unable to be resolved by the parties under section 14.1 or section 14.2 within one hundred (100) days after such dispute arises (or such shorter period provided in article 9, then such dispute ..... (f) having regard to the later development relating to enactment of karnataka electricity reform act, 1999 and electricity act, 2003, article 14 of ppa relates to arbitration is parametria to section 39 of act, 1999. ..... nowhere in the act, 1999/act 2003, is there even the faintest glitter of any intention on the part of the legislature to affect or extinguish existed or vested rights or for that matter to apply act 1948 or act 1999 or act 2003 retrospectively. ..... at this juncture, it is apt to state that when the batch of appeals was taken up for hearing by the learned single judge, the learned respondent commission raised a preliminary objection about the maintainability of the appeals. ..... learned counsel for respondent no.2 raised a preliminary issue that writ petition is not maintainable against kerc decision dated 17/12/2018, since petitioner has a statutory remedy under section 111 of act 2003. .....

The Chairman, Blde Association Vs. Kasturibai and anr.

Court : Karnataka

Reported in : 2004(7)KarLJ100

..... acharya took us through the provisions of section 45 of the karnataka land reforms act, 1961 (for short, 'klr act') and form 10, being the certificate of registration of a tenant as an ..... it is put or is reasonably capable of being put to its suitability for building purposes, its proximity to residential, commercial and industrial areas and educational, cultural or medical institutions, existing amenities like water, electricity and drainage and the possibility of their future extension, whether nearby town is a developing or prospering town with prospects of development schemes and the presence or absence of proviso to building activity towards the lands acquired ..... contend that the acquired lands cannot be converted to non-agricultural purposes without seeking the change of land user under section 14-a of the karnataka town and country planning act, 1961, as the same are notified by the authorities to lie in the green belt zone and cannot be put to use for non ..... 234/a of mahal bagayat measuring 1 acre 3 guntas; 1-12 guntas and 1-04 guntas; 22 guntas and 16 guntas respectively under a preliminary notification dated 15-7-1982 for the purpose of by-pass road fixing the market value at rs. ..... himself personally cultivate the land and a tenant who so cultivated the land, the legislature preferred the cultivating tenant, we are unable to hold that such preference is not part of a programme of agrarian reform pursuant to the directive principles contained in article 39(b) and (c)'.23. ..... 1999 .....

H.V. Krishna Rao Vs. the Assistant Commissioner and Land Acquisition O ...

Court : Karnataka

Reported in : 2004(7)KarLJ89

..... --the special deputy commissioner, shimoga, under the provisions of the karnataka land reforms act, conferred occupancy rights of the acquired land on the appellant by ..... comparable small sites in the area at or about the time of section 4(1) notification would be relevant provided it does not involve expenses of development of the site acquired by laying out roads, drains, sewers, water and electricity lines, and the interest on the outlays for the period of deferment of the realisation of the price etc. ..... lands with similar advantage and potentialities under bona fide transactions of sale at or about the time of the preliminary notification are the usual, and indeed the best, evidences of market value. ..... by the compensation awarded by the civil court, has preferred this appeal under section 54 of the land acquisition act, 1894 (for short, 'the act'), calling in question the correctness and validity of the judgment and award dated 28-2-2002 passed in l.a.c. no. ..... itself, to avoid injustice to the persons whose lands are acquired, in section 24 of the act, has enacted factors which should go into the decision making while determining the market value and fixation ..... the market value of a piece of property, for purposes of section 23 of the act, is stated to be the price at which the property changes hands from a willing seller to a willing, but not too anxious a buyer, ..... 9 and, therefore, deduction of any part from the price would not arise while assessing the market ..... 49 of 1999 as amended .....

A.P. Transco Vs. Sri Gowri Sankar Cable Industries and ors.

Court : Andhra Pradesh

Reported in : 2002(3)ALT134

..... the electricity reform act, 1998, the state electricity board ..... with a view to placing the matter beyond doubt, the president has promulgated the industries (development and regulation) amendment ordinance, 1984 (1 of 1984) making specific provision in the industries (development and regulation) act, 1951, empowering the government to-(a) specify the requirements to be complied by an industrial undertaking to enable it to be regarded as an ancillary or a small scale industrial undertaking;(b) make reservation of any article or class of ..... learned counsel appearing on behalf of the unofficial respondents urged that small scale industries and ancillary industries are also industries within the meaning of the provisions of industries (development and regulation) act, 1951 (for short '1951 act') and the declaration made therein would subserve the purpose both in respect of entry 24 of list ii and entries 26 and 27 thereof vis-a-vis entry 52 of list i and ..... had never been taken: even a preliminary issue in this regard had not ..... state of karnataka : [1991]1scr305 the apex court has noticed:it is clear from the above observations that it is not all aspects of the industry (that) ..... accounting may have to be taken where compounding interest has been made inasmuch as the interest accrued on the principal sum with periodical rests would become the part of the principal sum only. ..... 9 dated 29-1-1999 contemplating setting up of distribution undertakings for different areas and transfer of assets and .....

L. Nagaraj and Others Vs. Doddaiah (Deceased) by L.Rs and Others

Court : Karnataka

Reported in : ILR2001KAR3975; 2001(4)KarLJ493

..... --though the parties in this petition have referred to various proceedings, both before the special deputy commissioner for inams abolition and the land reforms appellant tribunal, as also their respective appellate authorities, the fact remains that the petitioners having no personal stake in the matter could pose a challenge to an order passed by a statutory authority, which had attained finality, only in ..... the petition is filed stating that the lands in question are gomal lands and are, therefore, not amenable to appropriation either under the land reforms act or under the inams abolition act. ..... we have no doubt in our mind that the present petition is the result of a mala fide intention on the part of the petitioners to deny the first respondent the fruits to which he was held rightfully entitled to by orders passed by authorities in exercise of their statutory power ..... at the time of preliminary survey settlement of inam lands, a new number has been assigned to this sy. no. i.e ..... - (i) that the impugned action is violative of any of the rights enshrined in part iii of the constitution of india and relief is sought for its enforcement; (ii) that the action complained of is palpably illegal or mala fide and affects the group of persons who are not in a position to protect their own ..... a4, the preliminary record of right shows that original survey no ..... subsequent preliminary and final survey settlement records may not correctly reflect the nature of the land material to the date of vesting .....