Judgment Search Results Home > Cases Phrase: karnataka land restriction on transfer act 1991 section 3 prohibition on transfer of lands acquired by government Page 1 of about 915 results (0.172 seconds)

Veranna Veerabhadrappa Vs. the District Registrar and anr.

Court : Karnataka

Reported in : AIR2005Kant27; ILR2004KAR4699; 2004(7)KarLJ646

..... karnataka land (restriction on transfer) act was enacted to impose restriction on transfer of land which have been either acquired by government or in respect of which acquisition proceedings have been initiated by the government ..... (2) whether there is bar under the restriction on transfer act 1991 from registering a document or whether there is any such restriction under the urban land ceiling act which gives power to the sub-registrar ..... prohibition on transfer of lands acquired by government - no person shall purport to transfer by sale, mortgage, gift, lease or otherwise any land or part there of situated in any urban area which has been acquired by the government under the land acquisition act, 1894 (central act 1 of 1894) or any other law providing for acquisition of land for a public ..... appellate authority also did not bestow any attention to the provisions of the restriction on transfer act and it has simply endorsed the view of the sub-registrar without applying ..... by the learned senior counsel that both the courts below have legally erred in not properly considering the powers of the sub-registrar under the registration act as well as the karnataka (restriction on transfer) act 1991, hereinafter called the restriction on transfer act, and under the urban land ceiling act. ..... the burden to prove that the land in question does not come within the prohibition of section 3 & 4 of the act does not lie on the transferor or transferee who comes before the sub-registrar to get the .....

Mrs T G Shanthamma Vs. The State Of Karnataka

Court : Karnataka

..... (c) the karnataka legislature has enacted karnataka land (restriction on transfer) act, 1991, is true. ..... - no person shall, except with previous permission in writing of the competent authority, transfer, or purport to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in any urban area which is proposed to be acquired in connection with the scheme in relation to which the declaration has been published under section 19 of the bangalore development authority act, 1976 or section 19 of the karnataka urban development authorities act, 1987. ..... section 16 makes it clear beyond doubt that the title to the land vests in the government only when possession is taken by the government. ..... the exercise of a particular fundamental right, say article 19(1)(a) or 19(1)(g) substantially depends upon what an individual owns as property, unreasonably curtailing the rights of ownership such as right to alienate, encumber, etc, transcends the violation of article 300a and lands in 4 (2016) 11 scc315 (2013) 1 scc353- 8 - wp no.4897 of 2023 the prohibited area, namely part iii, to which state cannot gain entry. ..... it is in view of this position, that the owner s interests remain unaffected until possession is taken, that section 48 gives a liberty to the state government to withdraw from the acquisition at any stage before possession is taken. .....

Bangalore Medical Trust Vs. B.S. Muddappa and Others

Court : Supreme Court of India

Reported in : AIR1991SC1902; JT1991(3)SC172; 1991(2)SCALE131; (1991)4SCC54; [1991]3SCR102; 1991(2)LC415(SC)

..... this restriction against allotment of public parks and play grounds is further emphasised by section 3 of the karnataka act 18 of 1991 which reads:section 3. ..... power of authority to lease, sell or transfer property-subject to such restrictions, conditions and limitations as may be prescribed, the authority shall have power to lease, sell or otherwise transfer any movable or immovable property which belongs to it, and to appropriate or apply any land vested in or acquired by it for the formation of open spaces or for building purposes or in any other manner for the purpose of any development scheme. ..... it is contended on behalf of the appellant that section 38a prohibiting sale or any other disposal of land reserved for 'public parks or play grounds', and section 16(l)(d) requiring that 15 per cent of the total area of the layout be reserved for public parks and play grounds, and an additional area of not less than ten per cent of the total area of the layout for civic amenities, were enacted subsequent to the relevant orders of the government dated 27.5.1976 and 11.6.1976 ..... , as may be prescribed, the bda has the power to lease, sell or otherwise transfer any movable or immovable property which belongs, to it, and to appropriate or apply any land vested in it or acquired by it for the formation of 'open spaces' or for building purposes or in any other manner for the purpose of any development scheme. .....

Mahadevappa and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR2002KAR45; 1999(5)KarLJ732

..... 7 of 1991-92 under section 5 of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (karnataka act no. ..... in the case of land rules prohibiting alienation to the effect that the grantee will not alienate the land for a period may be 10 years or 15 years or 20 years, the provisions of sections 66-a and 66-b of the land revenue act, authorise the government to resume the land. ..... further, the learned counsel contended that from 1964 to 1979 no doubt fifteen years period did pass, but for claiming title by adverse possession against the government the owner, claimant who claims title by adverse possession shall have to establish 30 years hostile possession against the owner i.e. ..... anyway in the present case the transfer being in breach of the condition incorporated in the grant prohibiting alienation for 15 years itself can be said to be void as transfer has been made within 8 years. ..... it further found that even under the rules relating to the grant the transaction of sale was void as per section 43-g as operating in 1955-56, where it is restricted for a period of fifteen years because the sale was made within the prohibitory period i.e. ..... he submitted that even otherwise also, the petitioners have acquired title by adverse possession and the finding recorded is contrary and suffers from law.5. .....

Guthemma Kom Fakira Chalvadi Vs. Bhangarya Bista Naik Dasan and Others

Court : Karnataka Dharwad

..... prohibition of transfer of granted lands - (1) notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this act, m contravention of the terms of the grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed nor be deemed ever to have conveyed by such transfer ..... repeal and savings - the karnataka land grant rules, 1968 and karnataka land revenue (amendment) rules, 1967 (rule 93-a) are hereby repealed: provided that the repeal shall not affect:- (a) the previous operation of any rule so repealed or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under any rule so repealed; (c) any penalty, forfeiture or punishment incurred in respect of any breach ..... light of the above, the alienation of the granted land in the instant case even with permission of the competent authority was illegal and impermissible as it was effected in the face of the condition that the grant was made with a restriction on alienation in perpetuity, in any event, the ..... government of india has also been urging the state governments to enact legislations to prevent alienation of lands granted to scheduled castes and scheduled tribes by government on the lines of the model legislation prepared by it and circulated to the state governments ..... 1lr 1991 kar .....

Ramaiah Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1995KAR1597

..... . learned government counsel submitted that in 1964 there might have been no prohibition but in the year 1970 when the grant has been made in favour of respondents-4 to 9 rules framed under the act namely the karnataka land grant rules framed under the act namely the karnataka land grant rules of 1969 were in ..... this application was filed under sections 4 and 5 of the karnataka sc and st (prohibition of transfer of certain lands) act 1978. ..... commissioner shall not grant such permission unless he is satisfied that the alienation is for the purpose of acquiring other land or for improving the remaining land and the grantee credits to government an amount equal to fifty percent of the market value of such land as on the date of sanction of such alienation as determined by the deputy commissioner:provided that no person who has obtained permission to alienate land under the rule shall, notwithstanding the provisions of rule 4 be eligible for grant of ..... . the restriction or prohibition against alienation was not applicable and as such the respondents acted illegally in passing the orders dated 23/11-12/91 and 12.10. ..... that vide order dated 23.11.1991 the assistant commissioner allowed the application of respondents-4 to 9 ..... having felt aggrieved from the judgment and order dated october, 12 1994, whereby the deputy commissioner affirmed the order of the assistant commissioner dated 23.11.1991 (23.12.1991) case no. ..... 2/79, challenging the order of the assistant commissioner dated 23.11.1991. .....

Shantinagar House Building Co-operative Society Limited Vs. State of K ...

Court : Karnataka

..... that in terms of karnataka land (restriction on transfer) act, 1991 (hereinafter referred to as 'the act' for brevity) and section 3 thereof, imposes an embargo on transfer of land which is the subject-matter of acquisition under the land acquisition act or any other law. ..... and reasons in the passing of the karnataka land (restriction on transfer) act, 1991, reads as follows. ..... with previous permission in writing of the competent authority, transfer, or purport to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in any urban area which is proposed to be acquired in connection with the scheme in relation to which the declaration has been published under section 19 of the bangalore development authority act, 1976 or section 19 of the karnataka urban development authorities act, 1987.13. ..... above, the restriction under section 8 is in respect of lands referred to under section 4 of the act.12. ..... it is the petitioner's complaint that respondents 3 to 8 who are erstwhile owners of the acquired land (to the extent of 60 acres 20 guntas out of 66 acres 22 guntas acquired) are seeking to alienate the very lands and that the said respondents have, in collusion with respondents 9 to 15, executed sale deeds and have even got ..... lakshminarayana, appearing for the petitioner contends that the lands having been acquired and the possession of the lands having been delivered to the petitioner, respondents 3 to 8 stood ..... section 3 of the act prohibits the transfer .....

Shanthinagar House Building Co-operative Society Ltd. Vs. the State of ...

Court : Karnataka

..... the petitioner contends that in terms of karnataka land (restriction on transfer) act, 1991 (hereinafter referred to as 'the act' for brevity) and section 3 thereof, imposes an embargo on transfer of land which is the subject matter of acquisition under the land acquisition act or any other law. ..... the statement of objects and reasons in the passing of the karnataka land (restriction on transfer) act, 1991 reads as follows:statement of objects and reasonsact 17 of 1992- some of the major bottlenecks faced by the bangalore development authority and the urban development authorities in accelerating the much needed formation and distribution of sites in bangalore city and other urban areas are the following:1) un-authorizedsale of citiesby the affected land holders through registered sale deeds or against power of attorneysor entering into agreements ..... it is the petitioner's complaint that respondents 3 to 8 who are erstwhile owners of the acquired land (to the extent of 60 acres 20 guntas out of 66 acres 22 guntas acquired) are seeking to alienate the very lands and that the said respondents have, in collusion with respondents 9 to 15, executed sale deeds and have even got the same registered. ..... section 3 of the act prohibits the transfer itself. .....

Sri B S Yedd Yurappa, Former Chief Minister of Karnataka Vs. the State ...

Court : Karnataka

..... that the accused persons have committed offences under sections 3 & 4 of the karnataka land (restriction and transfer), act, 1991, sections 415, 420, 471, of ipc and section 13(l)(d) of the prevention of corruption act. ..... his excellency governor has examined all the 15 instances and at the end it is stated that: "documents produced included copies of the file notings from the government files, copies of the government orders, copies of the sale deeds relating to the lands mentioned in the allegations, share holding patterns and financial statements of the companies where family members of the chief minister have a stake to disclose the flow of ..... the other instance also in respect of land in sy.no.42/ 1a2 measuring 1 acre 24 guntas and sy.no.42/2b measuring 1 acre 21 guntas and 35 guntas of government land in sy.no.42/4a2 of geddalahalli village, k r puram hobli, bangalore east taluk were acquired for formation of arkavathi layout vide ..... the basis of the representation made by none other than owner of the particular land, the chief minister has accorded sanction on 5.8.2010 by overruling the observation made by some officers, who have stated that land has already been handed over to engineering section and it is the government property. ..... excellency governor in according sanction with mala fide intention of tarnishing the image of the petitioner to destabilize the popular government and this has been submitted in order to make out a prima facie case for granting the anticipatory bail. .....

Methodist Church Represented by Its District Superintendent, Rev. Alex ...

Court : Karnataka

Reported in : 2008(2)KarLJ537

..... was withdrawn, learned senior counsel pointed out that, the said application was rightly withdrawn for the reason that, the same had been filed by fourth respondent under the karnataka lands (restriction on transfer) act, 1991 and there was a dear provision under the watana act that there was no need to file such application.thereafter, fresh application has been filed before the find respondent and the first respondent has rightly considered and ..... the said application filed by fourth respondent has been considered by first respondent under the watans act and under sub-section (2) of section 4 of the watans act, it is crystal clear that, first respondent is not supposed to notify and issue notice to any person. ..... in question and the alleged sale deeds vide annexures a and a1 do not pertain to the lands in question and moreover, petitioner is not a party to the said sale deeds and therefore, has not acquired any right, title and interest over the lands in question by virtue of the alleged male deeds executed in favour of third party, petitioner has neither disclosed nor established as to how it has got nexus with the methodist episcopal church since the ..... . i have heard learned counsel appearing for petitioner - church, learned additional government advocate appending for respondents 1 to 3 and learned senior counsel appearing for fourth respondent, on 20th september 2007 and thereafter, being adjourned from time to time, heard elaborately on 26th and 27th september 2007 for .....