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 in the absence of such a plea it is not open to the petitioners to contend that this acquisition of land is not for implementation of scheme as on the ground no scheme is framed by the board. .....
Tag this Judgment!Court : Karnataka
..... matter on merits and expressed that since the bench had had occasion to consider another appeal, wa 1244-45/2009, on the question whether there was compliance by the housing board with regard to the provisions of sections 18 to 24 of the karnataka housing board act, 1962 (hereinafter referred to as the 'khb act', for brevity) and whether the board had complied with the said provisions before initiating the acquisition proceedings and had remanded the matter for a fresh consideration by the learned single judge ..... since there was no occasion for the learned single judge to consider whether there is any compliance of sections-18 to 23 of the karnataka housing board act, we have no other option than to remand the matter to the learned single judge with a request to reconsider the matter and find out whether there is compliance of sections - 18 to 23 of the act, in order to upheld the acquisition of the properties. ..... not pleaded the ground of delay in filing of the writ petition and such a contention is taken for the first time in the additional statement of objections filed after a gap of 16 years that too filed without seeking leave of this court to file such an additional objections in respect of a ground already available when the first objection was filed. ..... " it is pointed out that the definition leaves no doubt that for purposes of all the provisions of the la act, the khb is a "local authority" and not merely with reference to any particular provision as sought to be contended. .....
Tag this Judgment!Court : Karnataka
..... on the contrary, the khb has issued another sale deed dated 28.07.2020 without adhering to the statutory provisions as contained karnataka housing board act, 1962 and the regulations framed thereunder i.e. ..... the second party is bound by the provisions of karnataka housing board act and rules framed there under.4. ..... writ petition and review petition coming on for final disposal this day, acting chief justice, made the following: order the petitioner has filed the present petition as a pil and his contention is that a civic amenity site no.35, situated at 5th phase, yelahanka new town, bengaluru, was allotted by the karnataka housing board (khb) to respondent no.3- murthy charitable trust, represented by its president smt. ..... it is obvious that even after the sale deed is cancelled and possession is surrendered to the karnataka housing board, the third respondent will be entitled to apply for allotment of the same site in accordance with law. ..... on the notice board of the divisional, sub-divisional office(s) of the karnataka housing board in whose area the sites / houses are to be allotted; iii. ..... undisputedly, at no point of time, the procedure provided under the karnataka housing board (allotment) regulations, 1983 was followed.4. ..... " 9 the state government in exercise of the powers conferred under section 76 of the khb act of 1962 has framed regulations for allotment-disposal of sites/houses and they are known as khb (allotment) regulations, 1983. .....
Tag this Judgment!Court : Karnataka
..... on the contrary, the khb has issued another sale deed dated 28.07.2020 without adhering to the statutory provisions as contained karnataka housing board act, 1962 and the regulations framed thereunder i.e. ..... the second party is bound by the provisions of karnataka housing board act and rules framed there under.4. ..... writ petition and review petition coming on for final disposal this day, acting chief justice, made the following: order the petitioner has filed the present petition as a pil and his contention is that a civic amenity site no.35, situated at 5th phase, yelahanka new town, bengaluru, was allotted by the karnataka housing board (khb) to respondent no.3- murthy charitable trust, represented by its president smt. ..... it is obvious that even after the sale deed is cancelled and possession is surrendered to the karnataka housing board, the third respondent will be entitled to apply for allotment of the same site in accordance with law. ..... on the notice board of the divisional, sub-divisional office(s) of the karnataka housing board in whose area the sites / houses are to be allotted; iii. ..... undisputedly, at no point of time, the procedure provided under the karnataka housing board (allotment) regulations, 1983 was followed.4. ..... " 9 the state government in exercise of the powers conferred under section 76 of the khb act of 1962 has framed regulations for allotment-disposal of sites/houses and they are known as khb (allotment) regulations, 1983. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR3577; 1996(7)KarLJ846
..... 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 ..... 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. ..... iii of the karnataka housing board act, 1962, provides for housing schemes and land ..... under section 20 of the karnataka housing board act, the housing scheme has to be sanctioned by the state government and section 24 of the said act deals with the implementation of ..... section 18 of the karnataka housing board act provides, among other things, for acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution .....
Tag this Judgment!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). ..... the appeal, the lower appellate court has reversed the findings of the trial court on the first two grounds and has held that no notice under section 80 of the cpc was required to be issued to the second defendant that the suit was cognizable by a civil court. ..... dismissed the 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. ..... section 45 of the act specifically empowers the competent authority of the board to have the premises let out vacated in accordance with the ..... the provisions of section 72 of the act are mandatory, non compliance with the same affects the maintainability ..... provisions of section 72 of the act were attracted. ..... 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. ..... lower appellate court was right in holding that the suit was not maintainable in the absence of notice issued under section 72 of the act. .....
Tag this Judgment!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. ..... any 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. ..... 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. ..... 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'. .....
Tag this Judgment!Court : Karnataka
Reported in : 2012ILR(Kar)268; 2012(1)KantLJ241
..... who or any dependant member of whose family, owns a site or a house or has been allotted a site or a house by the bangalore development authority or a co-operative society registered under the karnataka co-operative societies act, 1959 (karnataka act 11 of 1959) or any such other authority within the bangalore metropolitan area or has been allotted a site or a house in any part in the state by any other urban development authority or the karnataka housing board or such other agency of the government, shall be eligible to apply for allotment ..... becomes clear that if a dependant member of the family of the applicant owns a site or house or has been allotted a site or a house by (1) bda or (2) a co-operative society registered under the karnataka co-operative societies act, 1959 or (3) any such other authority within the bangalore metropolitan area or (4) any other authority in any part of such area or any other urban development authority or (5) karnataka housing board or (6) such other agency of the government, would be ineligible to apply or allotment of ..... in the absence of there being any material to show that the petitioner was allotted a site by any of the statutory authorities or any house-building society as mentioned in sub-rule (3) of rule 10, the invocation of sub-rule (10) of rule 13 stating that there has been misrepresentation or suppression of material facts or that there has been incorrect or false information given ..... died on 3.4.2007 leaving behind the petitioner and .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1995Kant356; ILR1995KAR1104; 1995(2)KarLJ11
..... (4) of section 15 of the karnataka housing board act, 1962, it is clear that a contract which is made or executed as provided under sub- sec. ..... 15 of the karnataka housing board act, 1962 ('the act' for short).5. ..... he was entrusted 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). ..... i.a.ii--this application is filed, by the petitioner for impleading the former chairman of the karnataka housing board by name, as personal allegations were made against him. ..... he fell into 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 copy ..... in the absence of any statutory provisions prohibiting the enforcement of a contract which is not made in accordance with law, the supreme court held that the contract made under art. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1994Kant77; ILR1993KAR3323; 1993(4)KarLJ290
..... 14 of the karnataka housing board's act, 1962, (the act) the contracts entered into by the board are statutory and the benefit of the said contracts cannot be defeated by recourse to an executive order made under ..... government entrusted the responsibility of constructing these houses with the karnataka housing board (referred to as 'the board'). ..... board acted as an agent of the government, because, the government resolved earlier to vest the responsibility of putting up of the houses under the ashraya scheme, in the board ..... as a matter of policy, a substantial percentage of the houses to be built are to be done through the deputy commissioners and not through the agency of the housing board; the existing contractors were allowed to complete the works to the extent of advances paid ..... can have no role to play and the court must not usurp the discretion of the public authority which is empowered to take decisions under law and the court is expected to apply an objective standard which leaves to the deciding authority the full range of choice which the legislature is presumed to have intended. ..... these houses were to be allotted to those belonging to economically weaker sections; the houses were to cost ..... (a) & (b) :whether the contracts in question are statutory and their terms of termination are arbitrary etc.?section 14 of the act was relied to contend that the contracts entered into by the board are statutory in character.section 3 of the act provides for the constitution of the board. s. .....
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