Court : Karnataka
Reported in : 2000(1)KarLJ224
..... directive principle is sought to be advanced and implemented or that the contract or the property is given not with a view to earning revenue but for the purpose of carrying out a welfare scheme for the benefit of a particular group or section of people deserving it or that the person who has offered a higher consideration is not otherwise fit to be given the contract or the property. ..... the chairman and the managing director karnataka state industrial investment development corporation were official members and the chairman, technical advisory-committee (irrigation) was non-official member. ..... karnataka stamp act, 1957 -- section 9 in respect of stamp duty payable amounts secured any by mortgage deeds executed in connection with infrastructure corridor project.9. ..... of cauvery water and any commitment on the part of the 1st respondent to supply water from the cauvery river will not only diminish and deplete the water supply to the existing population for drinking, irrigation and industrial purpose but also invite legal action from the lower riparian state. ..... proposal high level committee submitted it to the chief minister who then put it before the sub-committee of the cabinet consisting of minister of finance, revenue, home, public works, major and medium industries and major irrigation and the high level committee members and other concerned officers. ..... within the project area falls a large track of forest land, irrigated agricultural land and fertile dry land. .....
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
Reported in : ILR2008KAR1531; 2008(3)KarLJ501; 2008(2)KCCR717; 2008(2)AIRKarR405; AIR2008NOC1347; 2008AIHC2008(Kar)
..... the respondent in these two revision petitions have filed the application under section 18(3)(b) of the karnataka land acquisition act, 1894 (hereinafter called the 'act') seeking a direction to the common petitioner in both the revision petitions- special land acquisition officer, indi taluk, bijapur to submit reference to the land acquisition ..... case of respondents in both petitions that, immediately after receipt of the award notice issued under section 12(2) of the act, they have filed the application under section 18(1) of the land acquisition act seeking reference for enhancement of compensation on the ground that, the amount awarded by the land acquisition officer was inadequate and they are entitled for enhancement by treating the lands in question as irrigated lands. ..... it is the case of these respondents-claimants that, the lands in question are irrigated through well, but there is no reference or record or proof in the relevant ..... revision petition has filed by application, contending that, the land in question is irrigated land and there is a well; and so far as the respondent in second petition is concerned, she has contended that, the land in question is an irrigated land. ..... , several other lands belonging to other persons were notified and acquired by the state government for the purpose of formation of indi lift irrigation branch canal. ..... the relevant column 12(8) for the type of land, it is shown as 'khushki' and the lands in question are not recorded as 'irrigated lands'. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR4473; 2006(4)KarLJ419
..... the award passed by the land acquisition officer, the respondent - claimant herein has filed the application for reference under section 18(1) of the land acquisition act for enhancement of compensation and requested the land acquisition officer to refer the matter for adjudication to the jurisdictional civil court ..... acquisition of land, the claimant-respondent has not raised any objections that, the land is question is an 'irrigated land' and not 'dry land', as notified in the final notification issued under section 6(1) of the act. ..... significant to note that, the final notification issued by the competent authority under section 6(1) of the act is a conclusive evidence / truth to establish the nature of land that has ..... given a specific finding that, the claimant - respondent has not made out a case that, the land in question is an 'irrigated land' and that, the claimant- respondent is growing 'banana crop' in the land in question. ..... also not accepted the evidence of pw1 who is none other than claimant - respondent herein and has given a specific finding that, when the final notification is issued and published in the karnataka gazette, the contents thereof would be binding upon the claimant - respondent. ..... 12 guntas situate at badagi village, bilagi taluk, has been notified and acquired by the competent authority vide preliminary notification issued on 25th march 1999 under section 4(1) of the land acquisition act for the purpose of submergence of backwater of ukp almatti reservoir. .....
Tag this Judgment!Court : Karnataka
..... government having found that there is no law which allows the agriculturists to lay a pipeline or water course and the implementation of 10 irrigation schemes having slackened, in order to overcome the situation, amended the act and empowered the tahsildar, to grant permission to the land holders, to lay pipeline through the neighbours lands, subject to certain conditions ..... the reasons for amending the karnataka land revenue act, 1964 and insertion of s.90a is, that many representations were received from the agriculturists, stating that when it became necessary for them to lay a pipeline or water course for irrigating their lands through the lands of their neighbours, there was obstruction and hence they had ..... explanation:- for the purposes of this chapter co-operative farm means a co-operative farm as defined in the karnataka land reforms act, 1961 (karnataka act 10 of 1962) and neighbouring 8 holder shall include any person to whom the land belongs and all persons holding ..... (4) any order made under sub-section (2) shall after the applicant executes an agreement as required under clause(f) of sub-section (2) be a complete authority to him or to any agent or other person employed by him for the purpose to enter upon the land specified in the order with assistants or workmen and to do all such work as may be ..... (3) an order made under sub-section (2) shall direct how the amount of compensation shall be apportioned among, the neighbouring holder and all other persons interested .....
Tag this Judgment!Court : Karnataka
..... of the mortgaged property is delivered to the mortgagee, shall not be lawful in favour of a person, who is not an agriculturist, or who is disentitled under section 79-a or section 79-b to acquire or hold any land, unless the deputy commissioner having jurisdiction over the area, permits such sale, gift or exchange, etc.70. however, section 81(1)(b)(i) & (ii) of the karnataka land reforms act states that, nothing in section 79-a or section 79-b or section 80 would apply, inter alia, to the mortgage of any land or interest therein in favour of (i) a co-operative society or (ii) a financial institution, as ..... - in this clause 'agricultural purposes' include making land fit for cultivation, cultivation of land, improvement of land, development of sources of irrigation, raising and harvesting of crops, horticulture, forestry, planting and farming, cattle breeding, animal husbandry, dairy farming, seed farming, pisciculture, apiculture, sericulture, piggery, poultry farming ..... . :- cultivation, cultivation of land, improvement of land, development of land, development of sources of irrigation, raising and harvesting of crops, horticulture, forestry, planting and farming, cattle breeding, animal husbandry, dairy farming, seed farming, pisciculture, apiculture, sericulture, piggery, poultry farming and such other activities as are generally carried ..... in this case are that petitioner no.1 therein is a company engaged in the execution of hydro- electrical irrigation and infrastructure projects. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR2844; 2010(1)KarLJ364
..... used by the nearby locality people for a long period and the said drinking water source is existing from long time, there is no necessity to declare the same as 'public sources of drinking water' under section 2(7) of the act, as per section 3(1) of the act, no person shall without obtaining permission from the appropriate authority sink any well for the purpose of extracting or drawing water within 500 meters of public source of drinking water. ..... not declared as public source of drinking water area by issuing any notification as required under section 7 of the karnataka ground water (regulation for protection of sources of drinking water) act, 1999, for short, hereinafter referred to as the 'act'. ..... it is in this context, it is necessary to see what a public source of drinking water means, as defined under section 2(7) of the act, it reads as under.2(7) - 'public source of drinking water' means a well from which the government or a local authority or such authority as the government may by notification specify, provides water to the public and includes such ..... tank as well as the water spring are at a distance of 207 meters and 150 meters, respectively from the petitioner's land, where he desires to dig borewell for the irrigation purpose and not a distance of 2500 ft. ..... decided to dig borewell for the purpose of irrigating his areca nut garden. ..... spring is at a distance of 207 meters and 115 meters from the petitioner's land where they desire to dig borewell for the irrigation purpose. .....
Tag this Judgment!Court : Karnataka
..... of the mortgaged property is delivered to the mortgagee, shall not be lawful in favour of a person, who is not an agriculturist, or who is disentitled under section 79-a or section 79-b to acquire or hold any land, unless the deputy commissioner having jurisdiction over the area, permits such sale, gift or exchange, etc.70. however, section 81(1)(b)(i) & (ii) of the karnataka land reforms act states that, nothing in section 79-a or section 79-b or section 80 would apply, inter alia, to the mortgage of any land or interest therein in favour of (i) a co-operative society or (ii) a financial institution, as ..... - in this clause 'agricultural purposes' include making land fit for cultivation, cultivation of land, improvement of land, development of sources of irrigation, raising and harvesting of crops, horticulture, forestry, planting and farming, cattle breeding, animal husbandry, dairy farming, seed farming, pisciculture, apiculture, sericulture, piggery, poultry farming ..... . :- cultivation, cultivation of land, improvement of land, development of land, development of sources of irrigation, raising and harvesting of crops, horticulture, forestry, planting and farming, cattle breeding, animal husbandry, dairy farming, seed farming, pisciculture, apiculture, sericulture, piggery, poultry farming and such other activities as are generally carried ..... in this case are that petitioner no.1 therein is a company engaged in the execution of hydro- electrical irrigation and infrastructure projects. .....
Tag this Judgment!Court : Kerala
..... surrounding lands as object of historic interest and heritage site; and whereas, the above said object has to be achieved by retaining the kovalam palace and the surrounding lands as object of historic interest and heritage site;" section 1(2) of the act provided that the act shall be deemed to have come into force on the 25th day of september, 2004 on which date the state government had issued government order for taking possession of the kovalam palace. ..... to get over the order of the tribunal, the governor of karnataka issued an ordinance namely 'karnataka cauvery basin irrigation protection ordinance, 1991'. ..... coming close on the order dated june 25, 1991 of the tribunal and in the context of the stand taken by the state of karnataka that the tribunal has no power or jurisdiction to pass any interim order or grant any interim relief, it is to override the said decision of the tribunal and its implementation. ..... :- fact and the written statement filed and the submissions made on behalf of the state of karnataka show that since according to the state of karnataka the tribunal has no power to pass any interim order or grant any interim relief as it has done by the order of june 25, 1991, the order is without jurisdiction and, therefore, void ab initio. ..... this being so, it is not a decision, according to karnataka, within the meaning of section 6 and not binding on it and in order to protect itself against the possible effects of the said order, the ordinance has been issued. .....
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