Judgment Search Results Home > Cases Phrase: karnataka irrigation act 1965 section 17 such acquired land to remain as property of government Page 1 of about 552 results (0.148 seconds)

Rajashekhar and Another Vs. State of Karnataka and Others

Court : Karnataka

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

..... when that is 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 ..... 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 ..... the grievance of the petitioners is that the tank in question having been in existence for nearly 900 years has acquired such a status and popularity as would prevent its breaching, not only on account of the historical background of the tank but also on account of 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 ..... the state has also sought to contend that under the karnataka country and town planning act, 1961 (hereinafter called the 'act' of 1961) a comprehensive development plan has been formulated reserving the land in question for various purposes such as commercial purpose, besides seeking to maintain a water body in an extent of about 60 acres in a more scientific and pollution free state.5.1 it is stated that the city of hassan is a growing industrial city .....

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

Court : Karnataka Kalaburagi

..... was issued on 29.09.2006 under section 4 (1) of the land acquisition act, 1894 (hereinafter referred to as the act for short), proposing to acquire the said lands for construction of a minor irrigation tank. ..... by the person interested, at the time of the collector's taking possession of the land, by reason of severing such land from his other land; fourthly, the damage (if any) sustained by the person interested, at the time of collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; fifthly, if, in consequence of the acquisition of the land by the collector, the person interested is compelled to change his residence or place ..... 15 mfa.nos.33114 of 2013, 33115 of 2013, 33116 of 2013, 33117 of 2013 are filed by the state government against the order of the reference court dated 13.02.2013 insofar as it determines the amount of compensation to them as being ..... lac) between: the state of karnataka through land acquisition officer and asst. ..... of determining compensation is available only when there is absence of sale transaction before issuance of notification under section 4 of the act and for giving annual increase, evidence should reflect that price of land had appreciated regularly and did not remain static. ..... 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: .....

Kumbara Thimmappa and Others Vs. State of Karnataka and Others

Court : Karnataka

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

..... 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. ..... that after considering the provisions of section 15(1) and 15(2) of the act it was necessary for the irrigation officer to determine the alignment and mark out the land which is necessary to occupy for the construction of field channels and the said determination serves an important purpose of notifying the precise land or portion of the land sought to be acquired and therefore, it was not enough to state in the notification issued under section 15(2) of the act that a particular extent of land in a survey number that is ..... per second, which is supplied with water from an irrigation work, and includes all subsidiary works belonging to such 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 ..... contended that notifications under section 15(1) and 15(2) of the act, were issued and particulars were given to the petitioners to file their objections and sufficient identity of the property to be acquired has been given in .....

Koripalli Vijayalakshmi Vs. Tahsildar

Court : Karnataka

Reported in : ILR1989KAR3401; 1988(2)KarLJ282

..... the notices 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. ..... the demands represent the penal water rate levied both under section 28(5) and section 32(4) of the karnataka irrigation act ('the act'). ..... though the 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. ..... some of the sample notices issued before the penal rate was levied, which form a part of the record, show the owner's name; the crops that are to be grown under the government notification, the area in which crops are grown in violation of the notification and the penal levy is also indicated, in the cases where the authorities want to levy the maximum penal rate, there is a further requirement of ..... before disposing 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

..... of the petitioners it is necessary to understand the relevant provisions of the karnataka irrigation act, 1965. ..... 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. ..... 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. ..... 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 ..... 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 ..... what is required by this notification is that the irrigation officer shall determine a suitable place and he has to mark out the lands which is to be occupied for the construction of ..... only when acquisition proceedings are commenced by the deputy commissioner under section 16(1) of the act, that the persons are required to be notified regarding the .....

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

..... of the karnataka irrigation act, 1965 dt. ..... of the karnataka irrigation act 1965. ..... 16(l) of the karnataka irrigation act on the 2nd of ..... of the karnataka irrigation act. ..... 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 ..... 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. ..... 17th of august, 1978 proposing to acquire a portion of the petitioner's land in survey no. ..... has been pointed out that the said requirement is mandatory and serves a very good purpose of informing the persons likely to be affected as to what is the precise lap4 that is sought to be acquired, with a view to enable them to submit their objections. ..... if the field channel is required to be laid for reaching water to a particular land of a particular person, we fail to see how an objection can be raised on the ground that you cannot lay a channel for the purpose of reaching water for a particular ..... 1979 exhibit 'c' proposing to acquire the notified portion of the land. ..... 15(2) should contain particulars about the: extent of the land in the survey number that is required for construction of field channels, the boundaries and the measurements ..... would like to point out at the outset that the learned single judges are bound by the decision of the larger benches such as the division benches and full benches. .....

Pushpavathi Bai Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1994KAR524; 1994(1)KarLJ542

..... 11 will have to be filed in particular 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. ..... in such cases the crucial date is the date of acquisition of land for it is only on that date the holding becomes surplus and not before and therefore the number of members in the family as on the date of acquisition when the holding becomes surplus will have to be taken note of ..... 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

..... 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 right to draw water from the rivers in question for cultivation purposes ..... the collector of madura, ilr 1932 madras 141 it has been held that the government has power to regulate in public interest, the collection retention and distribution of waters of rivers and streams flowing in natural channels and of waters introduced into such rivers by means of words constructed at the public expense, and in the public interest, for the purpose of irrigation, provided they do not thereby inflict injury on other riparian owners and diminish the supply ..... 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. .....

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 and assuming that there can be enhancement in the water rate, it should be done in accordance with statutory requirement and by making ..... however, the learned government advocate points out that as per the amended rules which has been given retrospective effect from 13.7.2000, such rates become payable from that day and as such the petitioners liability does not cease even if the notification under annexure-h is quashed and as such liability continues on the petitioners under the very rules. ..... it is also open to the government to defend and retain the amount collected in such action if they are so allowed in law and it is also open to the petitioners to question the validity of the amended ..... under the rule itself at the relevant point of time, as the amendment in the present case has been issued and having regard to the subsequent developments, it is observed that it is open to the petitioners to work out such remedies including a claim for the refund of the amount independently. 8. ..... it is only under the rules such enactment can be achieved by any ..... reserving such liberty, these writ petitions are allowed to the extent of quashing of .....