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Dyamappa B. Talawar Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1997KAR480

..... section 70 of the act 1987 reads as follows:the housing board established under the karnataka housing board act, 1962 (karnataka act 10 of 1963) shall not undertake any housing scheme in any area within the urban area except in conformity with the layout plan of the urban development authority; provided that any housing scheme undertaken by the karnataka housing board before the commencement of this act shall be executed by the board in accordance with the said scheme.the reading of the above said section shows that there is no prohibition for acquisition ..... of land under the provisions of the act ..... in order to consider the above said contention it would be better to refer to some of the provisions of the karnataka housing board act 1962 (hereinafter referred to as the act 1962), act 1962 has been enacted for the purpose of framing schemes and to carryout such works as are necessary for the purpose of dealing with and specifying the need of housing accommodation. .....

Chickrangaiah Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1996KAR3577; 1996(7)KarLJ846

..... in that view of the matter, i hold that the land acquisition proceedings initiated by the respondents are against the provisions of the karnataka housing board act, 1962 and accordingly, they are liable to be quashed.in the result, i allow this writ petition and quash the rectifications under sections 4 and 6 of the land acquisition act, evidenced by annexures 'a' and 'c' insofar as they relate to the land belonging to the petitioner, viz. ..... in this case, admittedly, no housing scheme has been sanctioned and accordingly, the respondents have no jurisdiction to acquire the land before the scheme is sanctioned by the government, on going through the sections of the karnataka housing board act, 1962, the case of the respondents that the scheme has to be framed and sanctioned only after the acquisition of the land cannot be accepted.7. ..... chapter iii of the karnataka housing board act, 1962, provides for housing schemes and land development schemes. ..... the petitioner alleges that the acquisition proceedings can be initiated only after the housing scheme has been sanctioned by the state government by virtue of the provisions contained under section 24(2) of the karnataka housing board act, 1962.2. ..... it is further submitted that the acquisition is for the purpose of the karnataka housing board and that, before the acquisition proceedings are initiated, a housing scheme has to be prepared in chapter iii of the karnataka housing board act. .....

Krishna Murthy Setty Vs. Karnataka Housing Board

Court : Karnataka

Reported in : ILR1989KAR3479

..... of the trial court on the ground that the suit filed by the appellant-plaintiff was not maintainable as it was filed against the first defendant-first respondent without issuing statutory notice as required by section 72 of the karnataka housing board act 1962 (hereinafter referred to as the act). ..... section 45 of the act specifically empowers the competent authority of the board to have the premises let out vacated in accordance with the procedure provided therein. ..... 1, 2, and constructed by the first defendant in the i phase labour housing colony in 'j' division harihar town. ..... suit on three counts - that the suit was not cognizable by a civil court, that the notice under section 80 of the cpc ought to have been issued to the second defendant, that notice under section 72 of the act ought to have been, issued to the first defendant.3. ..... it is relevant to notice and it is not in dispute that the suit shops were constructed by the first defendant under the housing scheme. ..... the provisions of section 72 of the act are mandatory, non compliance with the same affects the maintainability of the suit ..... as such the provisions of section 72 of the act were attracted. ..... section 18 of the act enables the first defendant to provide all or any of the matters provided therein ..... therefore, the point for consideration is, whether the lower appellate court was justified in law in holding that the suit was not maintainable as it was filed without serving notice on the defendants under section 72 of the act?5. .....

B.C. Raju Vs. Karnataka Housing Board and Others

Court : Karnataka

Reported in : AIR1995Kant356; ILR1995KAR1104; 1995(2)KarLJ11

..... of the karnataka housing board act, 1962 ('the act' for ..... (4) of section 15 of the karnataka housing board act, 1962, it is clear that a contract which is made or executed as provided ..... with the work of internal electrification to the composite housing scheme iv phase in the new township, yelahanka 1 stage consisting of group i and ii numbering 345 houses and ii stage consisting of 362 houses in group i and ii by the respondent-karnataka housing board ('the board' for short). ..... filed, by the petitioner for impleading the former chairman of the karnataka housing board by name, as personal allegations were made against him. ..... the respondents objections are filed stating that the board has formulated a scheme called composite housing scheme at kallahally, shimoga and the state of karnataka has sanctioned the scheme under government order no. ..... difficulties as he was not allowed to complete the contract work entrusted to him in respect of 707 houses at yelahanka, the petitioner submits that the board, after taking into consideration the financial loss incurred by the petitioner, decided to entrust the service main portion of the work in respect of 1293 houses at kallahally in lieu of internal electrification of 707 houses at yelahanka and the said decision was communicated by the first respondent to the 2nd respondent with a ..... there can be no estoppel against the statute and there can be no direction to the board to act contrary to the legislative mandate and to give effect to the contract. .....

K.N. Kulkarni Vs. Karnataka Housing Board

Court : Karnataka

Reported in : 2003(3)KarLJ498

..... housing commissioner of the respondent-board being the chief executive and administrative officer of the board and also he has been conferred with all the powers of a major head of the departments of the state government under the karnataka civil services rules (hereinafter referred to as 'the kcsr'), he has passed the impugned order in exercise of the power conferred on him under sub-sections (5) and (6) of section 10 of the karnataka housing board act, 1962 (hereinafter referred to as 'the act ..... the rules known as karnataka housing board (recruitment and conditions of service) rules, 1988 (hereinafter referred to as 'the recruitment rules') framed by the board in exercise of the power conferred on it under section 74 of the act provides that the state ..... the petitioner in this petition who was working as assistant general manager in the respondent-karnataka housing board (hereinafter referred to as 'the board') in this petition has called in question the correctness of the order dated 13th december, 2002, a copy of which has been produced as annexure-k to this petition, passed by the commissioner of the board reducing the petitioner from the rank of assistant general manager to the rank of manager ..... relying upon the notification dated 9th may, 2001 issued by the housing board framing 'draft rules' known as the karnataka housing board (cadre, recruitment and conditions of service) rules, 2000, sri motigi submitted that under the draft rules, the commissioner is made both as .....

T.S. Puradappa and ors. Vs. Karnataka Housing Board and anr.

Court : Karnataka

Reported in : 2010(1)KarLJ354

..... the term 'competent authority' defined under section 2(f) of the karnataka housing board act, 1962 (for short, 'act') means, any person authorised by the state government by notification to perform the functions of the competent authority under chapter vi, in such area as may be specified ..... by the learned counsel, in the circumstances, in my opinion, cannot be countenanced, i say so because, the petitioners hold the post of assistant revenue officers in the respondent-karnataka housing board and are also authorised to perform the functions of competent authority as provided under chapter vi of the act, section 2(f) of the act makes it mandatory for the state government to authorised 'any person', by notification, to perform the functions of the competent authority. ..... by the notification dated 1-12-2009 annexure-e of the housing board and the notification dated 10-12-2009 annexure-g of the state government entrusting the assistant executive engineers of the karnataka housing board to perform the functions of the competent authority under the act, have presented these petitions.3. ..... person' as set out in section 2(f) of the act makes it abundantly clear that it is for the state to authorise any person working in the karnataka housing board to perform such functions. ..... government having exercised the said power issued the notification annexure-g, authorising the assistant executive engineers of the respondent karnataka housing board, to perform the functions of 'competent authority'. .....

M/S. Safeguard Packaging Systems Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1995Kant336; ILR1995KAR315; 1995(2)KarLJ442

..... effected by the bangalore development authority constituted under the bangalore development authority act, 1976 (karnataka act 12 of 1976), the city improvement trust board, mysore constituted under the city of mysore improvement act, 1903 (mysore act 3 of 1903), the karnataka housing board constituted under the karnataka housing board act, 1962 (karnataka act 10 of 1963), the improvement boards constituted under the karnataka improvement boards act, 1976 (karnataka act 11 of 1976), house building co-operative societies registered under the karnataka co-operative societies act, 1959 (karnataka act 11 of 1959), in so far as it relates to allotment of building sites to its members and such ..... the karnataka industrial area development board (hereinafter referred to as the 'board' or 'kiadb') is a statutory body established and incorporated under the karnataka industrial area development act, 1966 ..... the main functions of the said board is to establish and develop industrial areas and make available industrial sites to industrial undertakings to establish themselves for the rapid and orderly establishment and growthof industries in karnataka and to maintain, develop and manage industrial estates within industrial areas ..... 20 of the schedule to the said act which specifies the stamp duty on deeds of conveyance and rule 5 of the karnataka stamp (prevention of undervaluation of instruments) rules 1977 which lays down the principles for determination of market value.6.1 relevant portion of .....

Shankar Bhairu Bamane Vs. Syndicate Bank, Manipal, Nipani Branch and O ...

Court : Karnataka

Reported in : [2001]103CompCas303(Kar); ILR1998KAR3028; 1998(5)KarLJ464

..... 79a or section 79b or section 80 shall apply to-(a)the sale, gift or mortgage of any land or interest therein in favour of the government, (the karnataka housing board constituted under the karnataka housing board act, 1962 (karnataka act no. ..... the karnataka slum clearance board established under the karnataka slum areas (improvement and clearance) act, 1973 (karnataka act no. ..... the industrial areas development board constituted under the karnataka industrial areas development act, 1966 (karnataka act no. ..... principle that in order to realise the decretal amount, the decree-holder can take any coercive steps and also there is no bar either under the provisions of the banking regulation act or under section 80 read with section 81 of the karnataka land reforms act to bid and purchase the property. ..... therefore, in view of the clear provisions of section 81 of the karnataka land reforms act that the submissions of the learned counsel for revision petitioner that the bank cannot bid and purchase the property is ..... that the scope of section 80 of karnataka land reforms act has not been properly considered by the ..... further he submitted that section 81 of the karnataka land reforms act, makes clear that the provisions of sections 79a and 79b and 80 do not ..... read with sections 114 and 151 of the cpc praying to review the order dated 19-11-1994 against permission granted to the decree-holder to participate in the bid on the ground that section 80 of the karnataka land reforms act is a clear bar. .....

b.y. Nilugal Vs. State of Karnataka

Court : Karnataka Dharwad

..... the disciplinary authority is commissioner, khb and appellate authority is principal secretary, housing department under the karnataka housing board act, 1962 (hereinafter referred to as the khb act, 1962, for short) read with the karnataka housing board rules 1964 (hereinafter referred to as the khb rules, 1964, for short ..... learned aga for the state pointed out, under sub-section 6 of section 10 of the khb act, 1962, the commissioner, karnataka housing board is equated to that of a major head of the department of the state government under the karnataka civil services rules. ..... 12 schedule for officers and officials of the karnataka housing board authority which may impose penalty as per rule 8 of the karnataka civil services (classification, control and appeal) rules, 1957) class of posts authority empowered to appoint to authority empowered impose and penalties which he may impose penalties appellate authority housing commissioner housing commissioner (ii to viii) principal secretary, housing department of of superintending joint engineer, director town planning, executive system engineer, deputy analyst, town director accounts planning, officer ..... in other words, there is no provision empowering the commissioner for karnataka housing board to invoke any of the clauses under rule 14-a and rule 8 of cca rules, ..... executive engineer at district project 3 office, karnataka housing board, bagalkot, pass such other order or direction, this honble court deems fit in the circumstances of the .....

Sri Sannamallappa Vs. The State Of Karnataka

Court : Karnataka

..... any dispute about the position that karnataka housing board is a statutory body established under the karnataka housing board act, 1962, owned and controlled by the ..... karnataka housing board is a creation under sub-section (1) of section 3 of the karnataka housing board act, 1962 ..... petitioners submitted that petitioners were employees of the board which is an autonomous body created under sub-section (1)of section 3 of the karnataka housing board act, 1962 (for short, "khb act"). ..... :- board governed by the rules and regulations framed under the karnataka housing board act for their ..... state government may, by notification, appoint in this behalf, there shall be established for the purposes of this act, a board by the name of the karnataka housing board which shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name and shall subject to the provisions of this act, be competent to acquire, hold and dispose of property both movable and immovable and to contract and do ..... in other words, in the current context, evidently cca rules will completely apply and govern the holding of disciplinary inquiry against the employees of the board like the petitioners herein, in its complete vigour except in some points of detail where departure is specifically made in the karnataka housing board rules as, for example, the schedule attached to sub-rule (2) of rule 5 specifically makes a mention as to who are the disciplinary authorities and .....