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.
Tag this Judgment!Court : Karnataka
Reported in : AIR1998Kant308; ILR1998KAR2182; 1998(6)KarLJ475
..... 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. ..... 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,..... ..... 3 which is as under: form 3 notification under section 15(2) of the mysore irrigation act, 1965notification whereas in my opinion, it is necessary to occupy the lands specified in the schedule hereto for construction of field channels under outlet no..... ..... 2 which is as under:form 2 notification under section 15(1) of the mysore irrigation act, 1965notification whereas, i..... ..... , 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 that such field channels may be constructed after a date .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR705
..... was an enquiry by the assistant commissioner as an irrigation officer purportedly under section 12 of the irrigation act ('act' for short). ..... is not made clear in the courts below or in this court as to why the order under the irrigation act as made by the assistant commissioner, and the deputy commissioner on appeal provided under section 12 of the act, - is benefit of jurisdiction. ..... is by the plaintiff and is directed against the concurrent set of judgments rendered by the two courts below holding that he was vainly contending against the decisions of the authorities under the irrigation act, upholding the defendant's right to take water from a smaller channel coursing through the plaintiff's land in survey no. ..... 'upon a dispute having been preferred to the irrigation officer under section 12 of the act, the latter is expected to hold a formal enquiry and resolve the same in terms of the enquiry held by ..... irrigation officer is an officer of the rank of an assistant commissioner or assistant engineer as the case may be and that is provided for under section 3(6) of the act:' 'irrigation officer' means any officer not below the rank of an assistant commissioner or an assistant engineer appointed by the government to exercise all or any of the functions of an irrigation officer under the act. ..... in a faint manner it was sought to be urged that the assistant commissioner, who made an order in the first instance was not an irrigation officer within the meaning of section 3(6) of the act.10. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR3401; 1988(2)KarLJ282
..... the demands represent the penal water rate levied both under section 28(5) and section 32(4) of the karnataka irrigation act ('the act'). ..... 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. ..... 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. ..... number of irregularities are noticed in the implementation of the provisions of the irrigation act and in the observance of the procedure before the penal water rate is levied either for unauthorised user or for unauthorised cultivation. ..... such 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. ..... 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. .....
Tag this Judgment!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. ..... 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. ..... deputy commissioner, mandya, 1972(2) klj 265 the notification fully answers the requirement of section 15(1) of the act and, it is not necessary that a notice should be given either to the owner or the occupant of the land.6. ..... 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. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1981Kant135; ILR1981KAR780; 1981(1)KarLJ193
..... section 69 of the karanataka irrigation act of 1965 (hereinafter referred to as the irrigation act ..... been instituted within six months from the date of the act complained of and if not whether the same was barred by time under section 69(3) of the irrigation act?18. ..... barred under sub-section (5) of section 69 of the irrigation act ? ..... the plaintiffs had not filed the suit within six months from the date of the act complained of and the same was barred by time under section 69(3) of the irrigation act. ..... instituted within six months from the date of the act complained of and if not is it barred by time under section 69(3) of the irrigation act ?15. ..... act or under section 69(5) of the irrigation act ..... filed by the plaintiff was barred by sub-section (5) of sec tion 69 of the irrigation act. ..... section 69 of the mysore irrigation act ..... no longer left to the discretion of the court to hold in favour of the maintainability of a suit in spite of non-compliance with some of the requisites of the section, i have to find against the maintainability of the present suits on the ground that the notice as required by section 80 of the code of civil procedure was, not given'.the above decision in appa rao's case was affirmed by a division bench of the madras high court in (sree ..... suit filed by the plaintiffs was not maintainable under section 63 of the karnataka land revenue act of 1964 (herein after referred to as the ..... in the court of the munsiff, haveri against the state of karnataka arrayed as defendant no. .....
Tag this Judgment!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 ..... 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 ..... is purportedly issued under section 29 of the karnataka irrigation act. ..... such an order, the executive engineer, who is the authorised officer under the karnataka irrigation act, has passed the order for stopping supply of water from the tank in ..... apparently section 29 of the irrigation act relates to temporary stoppage of supply of water from the tank ..... 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. ..... 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 provision ..... analysis, the words 'where the government is of opinion' and 'it may' in section 4(1) are distinct words of permission only. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR627; 1984(2)KarLJ382
..... the uniform karnataka irrigation (levy of betterment contribution and water rate) act, 1957 (karnataka act 28 of 1957) ('the act') enacted by the new state to regulate the levy of betterment contribution and water rate in the state, came into force on 31-10-1957 replacing the corresponding provisions in the code and other laws that were in force in ..... section 2(e) of the act exhaustively defines the term 'irrigation work', section 10 of the act authorises the levy of water rate for the supply of water from irrigation works in accordance with the rates to be fixed by government in accordance with the rules made thereto under the act. ..... - state of karnataka and others) the petitioner and several others, challenged the vires of section 10 of the act and the rules under article 226 of theconstitution. ..... from this it follows that the 2nd proviso to section 12 of the act does not really help the appellant.22. ..... sri babu contends that when once the levy is fixed in the rules from 1-7-1965, the determination and recovery must be in conformity with the same and not in conformity with the earlier rates, if any, prevailing in the area.15. ..... in that view, government framed the mysore irrigation (levy of water rates) (amendment) rules, 1971 ('new rule') on 13-7-1971 expressly giving it retrospective effect from 1-7-1965.7. ..... section 11(3) of the act empowers government to make a rule retrospectively in exercise of which government had given retrospective effect to the new rule from 1-7-1965. .....
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