Court : Karnataka Dharwad
..... (c) when the land has been assigned for the use of the village potters or any public purpose: provided that this prohibition shall not apply in the case of tank, when such tank is used for irrigation only and waters only the land which is in the sole occupation of the occupant, or when - 32 - the privilege of cultivating the dry bed of the tank has been specially conceded to the ..... . the principal question, therefore, that will have to be considered is which of the lands vest in the state under the provisions of the karnataka land revenue act, 1964 and whether the lands classified as phot kharab would also vest in the state, especially those which were classified as b kharab land ..... . appropriation of land to certain purposes may be prohibited: it shall also be lawful for the deputy commissioner or for a survey officer, subject to rules or orders made in this behalf under section 233, to prohibit the appropriation of any unalienated land liable to the payment of land revenue for certain purposes, and to summarily evict any holder who may appropriate, or attempt to appropriate, the same to such prohibited ..... . the right of land-holders to construct "saguvali kattes" on their own lands is not affected by :- (a) section xx, paragraph 13 of the rules of 1890 under the land revenue code, which relates to the construction of private tanks on government unoccupied land: or (b) appendix f to the said rules, which relates to the restoration by private individuals of government .....
Tag this Judgment!Court : Karnataka Dharwad
..... (c) when the land has been assigned for the use of the village potters or any public purpose: provided that this prohibition shall not apply in the case of tank, when such tank is used for irrigation only and waters only the land which is in the sole occupation of the occupant, or when - 32 - the privilege of cultivating the dry bed of the tank has been specially conceded to the ..... . the principal question, therefore, that will have to be considered is which of the lands vest in the state under the provisions of the karnataka land revenue act, 1964 and whether the lands classified as phot kharab would also vest in the state, especially those which were classified as b kharab land ..... . appropriation of land to certain purposes may be prohibited: it shall also be lawful for the deputy commissioner or for a survey officer, subject to rules or orders made in this behalf under section 233, to prohibit the appropriation of any unalienated land liable to the payment of land revenue for certain purposes, and to summarily evict any holder who may appropriate, or attempt to appropriate, the same to such prohibited ..... . the right of land-holders to construct "saguvali kattes" on their own lands is not affected by :- (a) section xx, paragraph 13 of the rules of 1890 under the land revenue code, which relates to the construction of private tanks on government unoccupied land: or (b) appendix f to the said rules, which relates to the restoration by private individuals of government .....
Tag this Judgment!Court : Karnataka Dharwad
..... this application was made post the land having been acquired for the karnataka neeravari nigam limited (for short knnl ) by the state by respondents no.7 and 8 having issued notification under section 4(1) of the land acquisition act, 1894 (for short the la act ).4. ..... bodies; (g) drinking water supply and water pipelines; (h) water or rain water harvesting structures; (i) minor irrigation canals; (j) non-conventional source of energy; (k) skill upgradation or vocational training centres; (l) roads; and (m) community centres: provided that such diversion of forest land shall be allowed only if, (i) the forest land to be diverted for the purposes mentioned in this sub-section is less than one hectare in each case; and (ii) the clearance of such developmental projects shall be subject ..... the principal secretary department of major irrigation government of karnataka, m.s. ..... w.p.nos.138914/2020 & 146578/2020 produce; fishing grounds; irrigation systems; sources of water for human or livestock use, medicinal plant collection territories of herbal practitioners; (c) remnants of structures built by the local community, sacred trees, groves and ponds or riverine areas, burial or cremation grounds; (3) the ..... the special deputy commissioner (laq, r and r), major irrigation project club road, belagavi-590001 respondents (by smt k. ..... the special deputy commissioner belagavi and land acquisition and rehabilitation and resettlement (r and r), major irrigation project club road, belagavi-590001.-. .....
Tag this Judgment!Court : Karnataka Dharwad
..... this application was made post the land having been acquired for the karnataka neeravari nigam limited (for short knnl ) by the state by respondents no.7 and 8 having issued notification under section 4(1) of the land acquisition act, 1894 (for short the la act ).4. ..... bodies; (g) drinking water supply and water pipelines; (h) water or rain water harvesting structures; (i) minor irrigation canals; (j) non-conventional source of energy; (k) skill upgradation or vocational training centres; (l) roads; and (m) community centres: provided that such diversion of forest land shall be allowed only if, (i) the forest land to be diverted for the purposes mentioned in this sub-section is less than one hectare in each case; and (ii) the clearance of such developmental projects shall be subject ..... the principal secretary department of major irrigation government of karnataka, m.s. ..... w.p.nos.138914/2020 & 146578/2020 produce; fishing grounds; irrigation systems; sources of water for human or livestock use, medicinal plant collection territories of herbal practitioners; (c) remnants of structures built by the local community, sacred trees, groves and ponds or riverine areas, burial or cremation grounds; (3) the ..... the special deputy commissioner (laq, r and r), major irrigation project club road, belagavi-590001 respondents (by smt k. ..... the special deputy commissioner belagavi and land acquisition and rehabilitation and resettlement (r and r), major irrigation project club road, belagavi-590001.-. .....
Tag this Judgment!Court : Karnataka Dharwad
..... , 2nd floor, rashtrothan parishat building, nrupathung road, bengaluru-560 007 respondents (by sri c.s.patil, government advocate for r1; smt.sharmila patil, advocate for r2 &3) these writ appeals are filed under section4of the karnataka high court act, 1961, praying to set aside the order dated192.2015 passed by the learned single judge in w.p.no.112923/2014 and w.p.no.112924- 938/2014 by allowing the appeal and to grant the relief sougt by the appellants ..... the farm buildings or threshing floors of the holder; (b) that which is not assessed because, (i) it is reserved or assigned for public purpose; (ii) it is occupied by a road or recognised footpath or by a tank or stream used by persons other than the holders for irrigation, drinking or domestic purposes; (iii) used as burial ground or cremation ground; (iv) assigned for village potteries. ..... since the acquisition is by agreement between parties and compensation amount is received under form d under section 29(2) of the kiadb act, we are of the view that there was consensus ad idem between the parties for acquisition of land described in the affidavit which is apparently inclusive of pot karab. ..... the respondent kiadb has filed copies of an indemnity bond, an agreement, an affidavit, a voucher for payment of compensation under section 29(2) of kiadb act, 1996 and a possession letter in respect of all appellants herein. .....
Tag this Judgment!Court : Karnataka Dharwad
..... this application was made post the land having been acquired for the karnataka neeravari nigam limited (for short knnl ) by the state by respondents no.7 and 8 having issued notification under section 4(1) of the land acquisition act, 1894 (for short the la act ).4. ..... bodies; (g) drinking water supply and water pipelines; (h) water or rain water harvesting structures; (i) minor irrigation canals; (j) non-conventional source of energy; (k) skill upgradation or vocational training centres; (l) roads; and (m) community centres: provided that such diversion of forest land shall be allowed only if, (i) the forest land to be diverted for the purposes mentioned in this sub-section is less than one hectare in each case; and (ii) the clearance of such developmental projects shall be subject ..... the principal secretary department of major irrigation government of karnataka, m.s. ..... w.p.nos.138914/2020 & 146578/2020 produce; fishing grounds; irrigation systems; sources of water for human or livestock use, medicinal plant collection territories of herbal practitioners; (c) remnants of structures built by the local community, sacred trees, groves and ponds or riverine areas, burial or cremation grounds; (3) the ..... the special deputy commissioner (laq, r and r), major irrigation project club road, belagavi-590001 respondents (by smt k. ..... the special deputy commissioner belagavi and land acquisition and rehabilitation and resettlement (r and r), major irrigation project club road, belagavi-590001.-. .....
Tag this Judgment!Court : Karnataka Dharwad
..... supreme court has underlined the need for careful balancing of interest in cases of exercise of power of judicial review and has cautioned that where the action impugned is pursued for implementing a policy seeking to benefit large sections of population or an important economic measure, including a measure which is fundamentally transformative in nature vis- -vis the segment of population that is going to be benefited in terms of livelihood, the sword of ..... in the case of projects of national importance where the union of india and/or more than one state(s) are involved and the project would benefit a large section of the society and there is evidence to show that the said project had been contemplated and considered over a period of time at the highest level of ..... acquired for implementing ukp which was for the avowed public purpose of irrigating large tracts of land in various districts of north karnataka extending upto yadagiri.3. ..... judge of this court in collateral proceedings initiated by the appellants, state treated the notification initially issued under section 17 of the land acquisition act, 1894 (for short, act ) as one under section 4(1) of the act and permitted the parties to submit their objections which is in the nature of objections filed under section 5-a of the act. ..... it is indeed significant that in section 40(b) of the land acquisition act, 1894, the concept of public use took in acquisition for the construction of some work even for the benefit of a company, .....
Tag this Judgment!Court : Karnataka Dharwad
..... assessment, investigation, study and determination contained in chapter-ii of the said act of 2013 have clearly been inserted, keeping in mind the aims and objectives of the said act of 2013 and so long as the said mandatory requirements contained in chapter-ii have not been exempted by issuing / publishing a duly gazetted gazette notification in the official gazette in accordance with section 10-a of the said act of 2013 (karnataka amendment), any acquisition and a preliminary notification 3 5 issued without ..... of the following projects from the application of the provisions of chapter ii and chapter iii of this act, namely:- (a) such projects vital to national security or defence of india and every part thereof, including preparation for defence or defence production; (b) infrastructure projects including educational institutions, hospitals, government or local self government offices electrification, irrigation projects and drinking water projects; and (c) affordable housing and housing for the poor people. ..... any relaxation of the said mandatory requirement; to put it differently, so long as the notification has not been gazetted or published in the official gazette, the same cannot be construed or treated as a valid notification under section 10-a of the said act of 2013 and the same deserves to be declared and held as illegal, invalid, inoperative, unlawful and non-est in the eye of law and consequently, no reliance can be placed upon the impugned notification dated 16.05. .....
Tag this Judgment!Court : Karnataka Dharwad
..... assessment, investigation, study and determination contained in chapter-ii of the said act of 2013 have clearly been inserted, keeping in mind the aims and objectives of the said act of 2013 and so long as the said mandatory requirements contained in chapter-ii have not been exempted by issuing / publishing a duly gazetted gazette notification in the official gazette in accordance with section 10-a of the said act of 2013 (karnataka amendment), any acquisition and a preliminary notification 3 5 issued without ..... of the following projects from the application of the provisions of chapter ii and chapter iii of this act, namely:- (a) such projects vital to national security or defence of india and every part thereof, including preparation for defence or defence production; (b) infrastructure projects including educational institutions, hospitals, government or local self government offices electrification, irrigation projects and drinking water projects; and (c) affordable housing and housing for the poor people. ..... any relaxation of the said mandatory requirement; to put it differently, so long as the notification has not been gazetted or published in the official gazette, the same cannot be construed or treated as a valid notification under section 10-a of the said act of 2013 and the same deserves to be declared and held as illegal, invalid, inoperative, unlawful and non-est in the eye of law and consequently, no reliance can be placed upon the impugned notification dated 16.05. .....
Tag this Judgment!Court : Karnataka Dharwad
..... assessment, investigation, study and determination contained in chapter-ii of the said act of 2013 have clearly been inserted, keeping in mind the aims and objectives of the said act of 2013 and so long as the said mandatory requirements contained in chapter-ii have not been exempted by issuing / publishing a duly gazetted gazette notification in the official gazette in accordance with section 10-a of the said act of 2013 (karnataka amendment), any acquisition and a preliminary notification 3 5 issued without ..... of the following projects from the application of the provisions of chapter ii and chapter iii of this act, namely:- (a) such projects vital to national security or defence of india and every part thereof, including preparation for defence or defence production; (b) infrastructure projects including educational institutions, hospitals, government or local self government offices electrification, irrigation projects and drinking water projects; and (c) affordable housing and housing for the poor people. ..... any relaxation of the said mandatory requirement; to put it differently, so long as the notification has not been gazetted or published in the official gazette, the same cannot be construed or treated as a valid notification under section 10-a of the said act of 2013 and the same deserves to be declared and held as illegal, invalid, inoperative, unlawful and non-est in the eye of law and consequently, no reliance can be placed upon the impugned notification dated 16.05. .....
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