Judgment Search Results Home > Cases Phrase: karnataka krishna basin development authority act 1992 chapter 6 land acquisition Page 1 of about 3,923 results (0.333 seconds)

The Karnataka Housing Board Vs. The State Of Karnataka

Court : Karnataka

..... housing board constituted under section 3; x x x (f) competent authority means any person authorized by the state government, by notification to perform the functions of the competent authority under chapter vi for such area as may be specified in the notification; x x x 20 (h) housing scheme means a housing scheme under this act; (i) land includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; (i-1) land development scheme means a scheme framed under this act for the purpose of providing house sites ..... briefly stated, the facts are that the appellant housing board which is a statutory body established 4 under the provisions of the karnataka housing board act, 1962 (hereinafter referred to as the act , for the sake brevity) had issued notification bearing no.khb/laq.1/2007-08 dated 18.04.2007 by exercising power under section 4(1) of the land acquisition act, 1894 (hereinafter referred to as la act , for the sake of brevity). ..... of the hon ble supreme court in l.krishnan s case to contend that in the said judgment, the bench of three hon ble judges had taken into consideration the amendment made to 13 the tamil nadu housing board act ( tamil nadu act for short) by amendment act 5 of 1992 so as to insert sub- section (2) of section 17 therein in order to get over the basis of the judgment in mohammed yousef. ..... krishna rao air1973sc28. .....

H.G. Sheela Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2006(3)KarLJ24

..... if the earmarked, designated or reserved land in the subsequent plan prepared and approved under the bombay metropolitan region development authority act, 1974, does not subserve any public purpose within the earmarked, designated or reserved public purposes, necessarily, the public purpose envisaged under ..... the comprehensive development plan (hereinafter referred to as 'cdp') as provided under section 14-a of the karnataka town and country planning act, whether the declaration of the lands as 'industrial area' and acquisition of the same for industrial purpose by the state government in exercise of its eminent domain power under the provisions of the act, is legal ..... -for section 38-a of the bangalore development authority act, 1976 (karnataka act 12 of 1976) (hereinafter referred to as 'the principal act'), the following shall be deemed to have been substituted with effect from the twenty ..... public-purpose envisaged in original approved plan no longer survives and if the land sought to be acquired is diverted to or earmarked or designated to a private purpose, necessarily remedy must be either under chapter 7 of the act or any relevant law or section 126 as per revised and approved scheme at which stage the owner gets opportunity to submit his objections for consideration before submitting ..... krishna murthy on behalf of the petitioners in the above writ petitions is that when the land is required for the petitioners for their own project, which has got clearance, there is no meaning .....

Junjamma and ors. Vs. the Bangalore Development Authority, Rep. by Its ...

Court : Karnataka

Reported in : ILR2005KAR608; 2004(7)KarLJ677

..... . in view of these provisions it was contended that the bangalore development authority act and the town and country planning act being pre-constitutional amendment legislature, those provisions are inconsistent to part-ix and ixa of the constitution and stand repealed and therefore the bangalore development authority has no jurisdiction to acquire lands which fall within the karnataka municipalities act or the karnataka panchayat raj act, form layouts for distribution of sites ..... (4):- it was next contended that in exercise of the powers under section 36 of the bangalore development authority act the additional land acquisition officer, bangalore development authority, bangalore, has been authorised to exercise the power conferred under section 4(2) of the land acquisition act, 1894. ..... , : [1992]1scr657 where the supreme court held as under:-'it is settled law that the process of acquisition has to start with a notification issued under section 4 of the act, which is mandatory, and even in cases of urgency, the issuance of notification under section 4 is a condition precedent to the exercise of any further powers under the act. ..... therefore, the commissioner is wrong in assuming that he or the authority can make temporary or daily wages appointments under the guise of undertaking development schemes'.chapter iii of the act deals with development schemes. .....

The Commissioner, Bangalore Development Authority and anr. Vs. State o ...

Court : Karnataka

Reported in : ILR2006KAR318; 2006(1)KarLJ1

..... it was held, so far as the bda act is concerned, it is not an act for mere acquisition of land but an act to provide for the establishment of a development authority to facilitate and ensure a planned growth and development of the city of bangalore and areas adjacent thereto and acquisition of lands, if any, therefor is merely incidental thereto ..... the amendment to the constitution of india by the constitution (seventy-fourth amendment) act, 1992, part ix-a and in particular and definition of metropolitan area defined in article 243-p(c), article 243-r relating to composition of municipalities and corresponding amendment carried out to the karnataka municipal corporations act by inserting section 503-b which provides for constitution of metropolitan planning committee and the effect of articles 243-ze and 243-zf, the bda has no authority or jurisdiction to take up developmental scheme in bangalore metropolitan area. ..... development plan referred to in the said chapters is not for carrying out building, engineering or other operations in or over or under land or the making of any material change in any building or land. ..... krishna and two others have challenged in this batch of eight writ appeals the order of the learned single judge quashing the acquisition proceedings pertaining to 'arkavathi layout' as well as the declaration made to the effect that the bda has no jurisdiction to frame developmental schemes in bangalore metropolitan area and against other reliefs granted in the writ .....

B. Krishna Bhat Vs. Bangalore Development Authority

Court : Karnataka

Reported in : ILR1991KAR352; 1991(1)KarLJ240

..... , dated 7-8-1989 published in the official gazette of 2-10-1989 that in exercise of the powers conferred by sub-section (1) of section 29 of the bangalore development authority act, 1976 (karnataka act 12 of 1976), the government of karnataka declares that in the areas specified in schedule-i, with effect from the date of publication of the notification in the official gazette and until the corporation takes over the said areas for maintenance, the powers ..... according to section 16 of the act, every development scheme contemplated under section 15 within the limits of the area comprised in the scheme shall provide for the acquisition of any land which, in the opinion of the b.d.a. ..... schedule-ii consists of the provisions of karnataka municipal corporations act, 1976, including the corresponding chapters. ..... to exercise powers under the provisions of the corporation act such as sections 103 to 117 and 140 to 148 under chapter x of the corporation act relating to taxation. ..... for the purpose of taxation, chapter x is mentioned in schedule-ii and sections 103 to 117 and 140 to 148 of the karnataka municipal corporations act, 1976 are made applicable for the purpose of exercise of power by the b.d.a. ..... in the corporation act, in chapter xi under section 149, not only the definition of 'corporation fund' is given, but also the relevance of impost, tax, fee, cess, penalty, tells etc. ..... section 15 under chapter iii of the act describes the power of the b.d.a. .....

Gopal S/O Mayappa Jadhav and Krishna S/O Mayappa Jadhav Vs. the State ...

Court : Karnataka

Reported in : ILR2006KAR135; 2007(1)KarLJ76; 2007(1)KCCR435; 2006(6)AIRKarR495

..... have sought for quashing the acquisition notifications issued under section 17 and 19 of the karnataka urban development authorities act 1987 (hereinafter referred to as 'kuda act' for short). ..... 2282 has also ruled that the provisions of land acquisition amendment act 1984 amending section 6 and 11-a providing for limitation would not apply to the provisions of the bda act and urban development authority act. ..... petitioners' lands are acquired by the state by issuing impugned notifications for the benefit of belgaum urban development authority ('authority' in short) which is constituted under the provisions of the karnataka urban development authorities act 1987 ('kuda act' in ..... that the spot inspection is conducted by the authority; that the belgaum urban development authority itself being the planning authority of belgaum has resolved to get the outline development plan modified suitably with the consent of the government for change of land use pertaining to 17 acres of land which are acquired under the present scheme; that section 17 & 19 of the 'kuda act' are on par with section 4(1) and 6(1) of the land acquisition act and that therefore, no fresh acquisition notifications need be issued under section 36 ..... chapter-iv of 'kuda act' deals with the acquisition of land, section 36(1) of the kuda act makes it clear that the acquisition of land under 'kuda act' within or without urban area shall be regulated by the provisions, so far as they are applicable, of the land acquisition act .....

Bangalore Development Authority Vs. Dr. H.S. Hanumanthappa

Court : Karnataka

Reported in : ILR1996KAR642; 1996(7)KarLJ1

..... section 35 confers power upon the authority to acquire land by agreement and section 36 provides that in case the land could not be acquired by agreement, then the authority can acquire the land in accordance with the provisions of the land acquisition act.3. ..... it was contended by the learned counsel that these lands were held by the societies on the date of the final notification and the authority did not proceed to take steps under the land acquisition act for acquisition of the same. ..... this court repeatedly pointed out that once acquisition proceedings are commenced, the authority had no jurisdiction to release any land and it is only for the state government to do so by exercise of powers under section 48 of the land acquisition act. mr. ..... section 16 of the act provides that every development scheme shall provide for the acquisition of any land which, in the opinion of the authority, will be necessary for or affected by the execution of the scheme. ..... the karnataka legislature passed the bangalore development authority act, 1976 ('the act'), to provide for the establishment of a development authority for the development of the city of bangalore and the areas adjacent thereto and for the matters connected therewith. ..... 693/1992 is preferred by the bangalore development authority, while the remaining two appeals are preferred by allottees of sites from the bangalore development authority. ..... chapter-iv of the act deals with the subject 'acquisition of land'. .....

Bangalore Development Authority Vs. Air Craft Employees Coop.Society L ...

Court : Supreme Court of India

..... these appeals are directed against the order of the division bench of the karnataka high court whereby the writ petitions filed by the respondents were allowed, section 32(5a) of the bangalore development authority act, 1976 (for short, `the 1976 act') was declared as violative of article 14 of the constitution, void and inoperative and the conditions incorporated in the orders passed by the bangalore development authority (bda)sanctioning residential layout plans or work orders in terms of which ..... the boundaries of the lands declared under the notification dated 13-3-1984, would also include the lands which were declared under the notification dated 1-11-1965 and therefore, the 16 villages which are the subject- matter of the impugned acquisition, are part of the ..... rs.300 crores (approximately) has been collected by the bda from the house building societies in lieu of sanction of their layouts and substantial amount from the allottees of the sites of the layouts developed by it between 1984-1992 and this, by itself, was sufficient to prove that the exercise of power by the bda under section 32 (5a) of the 1976 ..... the petitioners relied upon the proposition laid down in kewal krishna puri's case (supra) in support of their argument that in the absence of any evidence or correlation between the levy and special services rendered by the market committees to the beneficiaries, the levy ..... by act no.14 of 1964, the town planning act was amended and chapter i-a comprising of sections .....

P. Narayanappa and anr. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3001; JT2006(8)SC185; 2006(8)SCALE199

..... 18 of 1966) of the karnataka industrial areas development act, 1966 the karnataka government is acquiring said lands below for the purpose specified in the notification as such a declaration is made.by the notification under section 28(1) of the act 110.30 acres of land was proposed to be acquired but by the notification under section 28(4) of the act, the acquisition was restricted to an extent of 106 acres 12.3/4 guntas of land. ..... 2) (hereinafter referred to as 'kiadb'), has submitted that the land was actually acquired by the state government for industrial development and after acquisition of the land, the same vests with the kiadb which has the authority to give the same on leasehold basis or outright sale to entrepreneurs or companies for the purpose of industrial development and the basic object of acquisition is to promote the establishment and orderly development of industries in that area. ..... section 30 provides that the provisions of the land acquisition act shall mutatis mutandis apply in respect of the enquiry and award by the deputy commissioner, the reference to court, the apportionment of compensation and payment of compensation in respect of lands acquired under this chapter. ..... : [1992]1scr657 . .....

Khoday Distilleries Ltd. and ors. Vs. the State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1997KAR1419

..... though large number of decisions have been referred to by the learned counsel on either side to explain the scope of the provisions of the constitution, the land acquisition act and the bangalore development authority act, we have not adverted to all of them as in our view there are some direct decisions of the supreme court on the points raised and it would be sufficient to examine the case with reference to those decision.23. ..... the bangalore development authority (for short, authority) formulated a scheme for improvement under section 15 of the bangalore development authority act, 1976 (hereinafter, for short, referred to as the bda act) for formation of a residential lay-out known as 'jayaprakash narayan nagar' 9th stage lay-out. ..... by this act the central land acquisition act was extended to the state of karnataka. ..... separate provisions are made regarding the issue of preliminary notification and the final notification as well as the period within which the proceedings under the b.d.a.act would lapse when notified for acquisition as is dear from chapter iii of the b.d.a. ..... 1916/1992, the petitioner therein had filed objections which have been considered by the government before sanctioning the scheme. ..... mohammed yousuf air 1992 1827. .....