Judgment Search Results Home > Cases Phrase: karnataka irrigation act 1965 section 13 irrigation officer may cause obstruction to be removed Page 1 of about 39 results (0.174 seconds)

Rajashekhar and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR2000Kant215; ILR1999KAR3714; 1999(6)KarLJ219

..... the karnataka irrigation act 1965, as can be made from its preamble, has been enacted to make provision relating to construction, maintenance and regulation of irrigation works, supply of water therefrom, obtaining labour in emergencies and certain other matters pertaining to irrigation in the ..... so, the decision of the government taken to demolish the channapatna tank is not assailable on the ground that section 29 of the karnataka irrigation act, under which the notification at annexure-h is issued does not empower the authorities to demolish the channapatna tank ..... acts/rules/orders:constitution of india - articles 21, 162 and 226;karnataka ancient and historical monuments and archaeological sites and remains act, 1961 - section 4(1);karnataka country and town planning act, 1961;karnataka irrigation act - section ..... purportedly issued under section 29 of the karnataka irrigation act. ..... apparently section 29 of the irrigation act relates to temporary stoppage of supply of water from the ..... but that will not help the petitioners inas much as section 4(1) of the act vests discretion in the state government to declare such an ancient monument as a protected monument and to make ..... the district health and family welfare officer submitted report about the hazards of continuance of the tank and the impediment caused by its continuance so far as the planned development of the ..... analysis, the words 'where the government is of opinion' and 'it may' in section 4(1) are distinct words of permission only. .....

Ramesh S/o Shivappa Revadigar And Ors Vs. The Spl Land Acquisition Off ...

Court : Karnataka Kalaburagi

..... the following factors must be etched on the mental screen: (1) a reference under section 18 of the land acquisition act is not an appeal against the award and the court cannot take into account the material relied upon by the land acquisition officer in his award unless the same material is produced and proved before the court. ..... perusal of the impugned orders in this conglomeration of the appeals, clearly shows that the compensation has been determined without complying with principles laid down in section 23 of the la act and the judgments of the hon ble supreme court in cases of hargovinddas (supra), dyagala devamma (supra) and manoj kumar (supra).23. ..... it is the claim that exhibit p.10 the value of land acquired for the thermal project was settled at rs.7 lakhs per acre for irrigated lands and subsequently on re-negotiation, an additional sum of rs.2 lakhs was paid to the land losers/claimants as ex-gratia apart from other benefits. ..... to base determination of compensation on a previous award/judgment, the evidence considered in the previous judgment/award and its acceptability on judicial parameters has to be necessarily gone into, otherwise, gross injustice may be caused to any of the parties. ..... r in the high court of karnataka kalaburagi bench dated this the24h day of april2020present the hon'ble mr. ..... balai chand ghose [air1965sc1874: (1965) 3 scr550 the limitation on discretion operating as bounds of the width of power conferred by rule 33 can be so formulated: (air p. .....

Kumbara Thimmappa and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1998Kant308; ILR1998KAR2182; 1998(6)KarLJ475

..... not a single ground has been taken in the writ petition bearing on section 15(2) of the karnataka irrigation act. ..... now therefore, in exercise of the powers conferred on me by sub-section (2) of section 15 of the mysore irrigation act, 1965 (mysore act 16 of 1965) i,..... ..... 268 situated at kuruvalli village in siriguppa taluk of bellary district for construction of an irrigation channel under the provisions of the karnataka irrigation act. ..... since the interpretation given in the aforesaid judgment apparently was found to be contrary to the statutory provisions under the karnataka irrigation act, 1965 (hereinafter referred to as the 'act'), the matter has now been placed before us.2. ..... now, therefore, in exercise of the powers conferred on me by subsection(1)of section15of the mysore irrigation act, 1965 (mysore act 16 of 1965) i, ..... ..... field channels, except the sluice or outlet through which water is supplied to such channel or pipe.section 15 of the act reads as under:'15(1) the irrigation officer on being satisfied that the construction of field channels in any area is necessary in public interest for supply of water from an irrigation work to lands requiring such supply for purposes of cultivation, shall declare by notification that such field channels may be constructed after a date to be specified in the notification, not being earlier than thirty days .....

Koripalli Vijayalakshmi Vs. Tahsildar

Court : Karnataka

Reported in : ILR1989KAR3401; 1988(2)KarLJ282

..... demands represent the penal water rate levied both under section 28(5) and section 32(4) of the karnataka irrigation act ('the act'). ..... issued under 32(4) are required to be served on the owners of the land and in the manner provided for such service under section 68 of the karnataka irrigation act. ..... statements are prepared for purposes of and as required under the karnataka irrigation (levy of betterment contribution) rules 1957 for the purpose of fixing betterment contribution and water rate under the said act, the same information is made use of and in my opinion appropriately, for determining the penal water rate or unauthorised cultivation under the irrigation act. ..... notification has to be published as required under rule 19-a of the rules which contemplates publication of the notification by affixture on the notice board of the office of the irrigation officer and also by causing affixture on the notice board of the office of the tahsildar of the taluk and in the chavadies of the village concerned. ..... when such person cannot be found, the service may be made on any adult male member of his family residing with him; and if no such adult male member can be found, the service of the notice may be made by sending a copy of such notice by registered post to such person at his usual place of ..... of the petitions, it is necessary to observe that the statements prepared by the respondents are under the amended rules 4 of the karnataka irrigation (levy of water rates) rules, 1965.11. .....

Siddappa Alias Siddanna Vs. Executive Engineer

Court : Karnataka

Reported in : ILR1987KAR953

..... they are challenging the validity of annexure-a, the notification issued under section 15(1) of the karnataka irrigation act, 1965 ('act' for short) and annexure-b, the notification issued under section 15(2) of the said act.3. ..... in appreciating the contention of the petitioners it is necessary to understand the relevant provisions of the karnataka irrigation act, 1965. ..... after the publication of the notification under section 15(1) of the act, the irrigation officer, is required to determine the suitable allotment for the field channel and he has to make out the land which in his opinion is necessary to occupy for the construction thereof. ..... section 15(1) of the act, requires the irrigation officer, to satisfy himself that the construction of the field channel in any area is necessary in the public interest. ..... it is only after these two notifications are issued by the irrigation officer, the deputy commissioner is required to issue notice to the owner of such land and other persons interested in it to show cause why such land should not be acquired and after giving reasonable opportunity of being heard, he shall proceed to acquire and take possession of the land as if a declaration is made by the state government under section 6 of the land acquisition act. ..... on such satisfaction, he is required to declare by notification that such field channel may be constructed after a date specified in the notification not being earlier than thirty days from the date of notification. .....

G.N. Narayana Vs. K. Sheshagiriyappa, Since Deceased by His Lrs and or ...

Court : Karnataka

Reported in : ILR2004KAR3662

ordermohan shantanagoudar, j.1. this civil revision petition is filed against the order dated 13.9.2001 passed by the civil judge (jr. dn.), koppa, in o.s. no. 30/1995 on issue no. 4. by the impugned order, the court below has held that the suit is not barred under section 69(5) of the karnataka irrigation act. the case of the plaintiffs is that the plaintiffs and the defendants are the adjoining land owners and the plaintiffs are drawing water continuously from the channel since more than 100 years. as the defendants blocked the said water passage, the suit in o.s. no. 30/1995 is filed for the following reliefs:' a) a declaration that the plaintiffs have acquired a right of easement by prescription to conduct water from the stream to their wet lands described in plaint schedule lands a to c through the channel 'opqr' existing on the western side of the plaint schedule 'd' land.b) a permanent injunction restraining the defendant, his workmen and agents from closing the channel 'opqr' or in any manner obstructing the flow of water in the said channel.'2. looking to the averments made in the plaint, as well as, the reliefs claimed, the same cannot be decided by the irrigation officer under the provisions of irrigation act. the irrigation officer cannot determine the easementary rights of the parties and also cannot grant permanent injunction. under such circumstances, i do not find any illegality in the order passed by the court below. petition is therefore dismissed.

Amareshappa Vs. State of Karnataka

Court : Karnataka

Reported in : AIR1987Kant34

..... 15 of the karnataka irrigation act 1965. ..... 15(l) of the karnataka irrigation act, 1965 dt. ..... 16(l) of the karnataka irrigation act on the 2nd of jan. ..... 15(2) of the karnataka irrigation act. ..... 15 of the karnataka irrigation act. ..... the purpose of the irrigation act is to provide water to all the lands within the achkut area of the project. ..... the participle grievance, as can be seen from the writ petition is that the irrigation channel is being laid solely for the purpose of benefiting the third respondent and only to irrigate his land. ..... 15(2) of the said act dt. .....

Pushpavathi Bai Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1994KAR524; 1994(1)KarLJ542

..... with reference to the date on which they acquired right or the land becomes irrigable and falls into a better classification and therefore is deemed to be a surplus land from the date of the construction of irrigation and thus the relevant date in either of these two cases becomes the date of acquisition or the date on which the land is converted into better class the date of completion of irrigation work referable to section 3 of the karnataka irrigation (levy of betterment contribution & water rate) act, 1957.5. ..... section 63 thereof is made applicable not only to lands which are holdings as on 1.3.1974 but also to lands which are acquired subsequently under section 64 of the act and in case of a land provided with any irrigation from source constructed by the state government subsequent to 1.3.1974, the classification of land will get altered and the extent held by the family will have to be redetermined as provided under section 65a of the act. ..... a situation may be visualised where a person born after 1.3.1974 acquires land which is in excess of ceiling area to whom section 64 is attracted. ..... in support of this conclusion we may usefully refer to the explanation added to section 65a which refers for the purposes of section 65a the land shall be deemed to have been converted from the date of completion of the irrigation work. ..... 11 which shall contain the particulars of the lands, members in the family and such other particulars as may be prescribed. .....

N. Sankappa Shetty Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1992KAR2529; 1992(3)KarLJ474

..... the contentions urged on behalf of the petitioners may be summarised as follows:-(i) that the rivers in question, namely, nethravathy and kumaradhara, are natural streams and are not water works as defined under the karnataka irrigation act (hereinafter referred to as the act); (ii) that the circular impugned is purported to have been issued under the act but the act itself being inapplicable to the rivers in question the circular is ultra vires the provisions of the act; (iii) that the petitioners have a natural ..... however, a clause is included therein empowering the government to revoke the licences without specifying any reason and the licensee within a period of six months from the date of termination of such licences, has to remove the mechanical appliances and all other work connected with the same and restore the land or its part to its original condition as far as possible. ..... apart from that fact either in the circular issued by the government or in the note appended to the circular is there a mention of any officer of the government applying his mind to find out as to the average quantity of water available in nethravathy or kumaradhara rivers say for a period of ten years prior to the date of issue of the circular in order to determine as to what would be .....

Aralikotrappa and ors. Vs. State of Karnataka, by Its Secretary and Co ...

Court : Karnataka

Reported in : ILR2003KAR3906; 2004(2)KarLJ147

..... pursuant to the power conferred on the state government under section 11 of the act to frame rules, the karnataka government has framed karnataka irrigation rules 1965 and that water rate can only be levied as per rule 3 of these rules and when once water rates have been fixed under rule 3, the government can collect water rate only at this rate ..... this rate had been fixed as per rates 3 of the karnataka irrigation (levy of water rates) rules, 1965 (referred to as rules hereinafter) as amended from time to time and as per the said rule in force with effect from 24-11-1987. 2 ..... when this notification had been issued, the karnataka irrigation (levy of betterment contribution and water rate) act, 1957 has not been amended. ..... the amendment to the karnataka irrigation (levy of water rates) rules, 1965 has been brought about much later in point of time than issue of notification by the government as per annexure-h enhancing the water rates payable in respect of different crops ..... the submission of sri srikante gowda, learned counsel appearing for the petitioner is that the levy of water rate in respect of irrigation is as provided under section 10-a of the karnataka irrigtion (levy of betterment contribution and water rate) act, 1957 (act for short). ..... the amended rule itself is brought into effect as per notification dated 9.10.2002 and has been published in the karnataka gazette dated 7.11.2002. ..... -h is definitely not sustainable being not in accordance with the provisions of the rules and act. .....