Court : Karnataka
Reported in : ILR1998KAR2255; 1998(4)KarLJ394
..... this chapter, unless the context otherwise requires, 'government trees' include all trees and their aftergrowth, on lands belonging to or in the occupation of private persons the right of government to which has been reserved under the provisions of the karnataka land revenue act, 1964 or rules framed thereunder or any other act or rules in force as applying to any area within the state of karnataka. ..... the scheme of section 94-a, it is evident is distinctly different from that underlying karnataka land grant rules, 1969, no matter the said rules also owe their origin to the karnataka land revenue act. ..... unauthorised occupation was regularised for cultivation by the competent authority in terms of section 94-a of the land revenue act by order dated 24th september, 1992. ..... section 94 of the karnataka land revenue act, prescribes penalties for unauthorised occupation of government land by any person including fine leviable at the stipulated rate.section 94-a of the act inserted by act 2 of 1991 with effect from 20th of march, 1991 however provides an exception to the said rule and envisages regularisation of unauthorised occupation by persons otherwise liable to eviction under section 94 subject to the conditions stipulated therein including conditions as to the length of such occupation and payment of the fee prescribed ..... felling of trees except in accordance with the permission of the competent tree officer is prohibited by section 8 of the karnataka preservation of trees act, 1976. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2959; 1994(4)KarLJ165
..... it was further contended that even after the repealing of the coorg regulation of 1899 by karnataka land revenue act 1964, in view of section 202(2), rule 167 found in chapter-vi of the coorg regulation 1899, still continued to operate and hence alienee of privileged bane land had to pay to the government as nazarana a sum equal to 5% which subsequently was raised to 20% of the sale value of the land alienated and if that was not done the sale deeds could not be registered. ..... , or of any other instrument of transfer executed, by the government, the right to all mines, minerals and quarries and to all earth oil and gold washings and sandalwood trees in all lands and to all subsoil rights in bane lands, and the right to take from all lands stones or material for repair of public roads, shall vest in the government, and the government shall have all the powers necessary for the proper enjoyment or disposal of such right. ..... the question now has several sides; a forest side and a land revenue side, a side in respect to banes to be granted in future, and another in respect to those granted in the past. ..... 'outside the barrier' is the larger area to the north-east, and a narrow strip below ghat on the east side, forming yelu-savira-shima, and two 'hobalis' of the nanjarajpatna taluk. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR2549; 1995(6)KarLJ120
..... the coorg land and revalue regulations, 1899 and section 75 of the karnataka land revenue act, 1964 in support ..... lands had become alienated and assessed to land revenue it ceases to be bane lands, and the government cannot claim title to the trees that have been grown on the lands after the lands ..... of mukkodlu village of madikeri taluk, kodagu district, having purchased the said lands in public auction on 23.1.1934 held by the revenue authorities for recovery of arrears of land revenue from the previous holder of lands free from all encumbrances resulting in transfer of absolute and unlimited rights over the lands including the rights to tree growth thereon. ..... klj 372 it was held that when once it is either admitted or established that a person is in occupation of the land under section 75 of the act, he will become entitled to all the trees standing thereon, unless it is shown by the state government that there has been a reservation in respect of any of the trees by the state government or by any survey officer at the time of the settlement or by a notification made and published at ..... writ petitions contended that they are deemed to have been granted permission to cut and transport the trees belonging to them by virtue of the deeming provision contained in section 8(4)(ii) of the karnataka preservation of trees act, 1976 ('the act' for short) and the rules made thereunder, inasmuch as the tree officer failed to inform them of his decision within one year from the date of receipt of .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(3)KarLJ545
..... advocate the schedule lands continued to be jamma bane as there was no corresponding provision in the karnataka land revenue act, 1964 which corresponds to section 45 of the coorg land and revenue regulation, 1899 and rules 136, 164 and 167 of the rules made thereunder. ..... the petitioners-appellants claiming to be the owners of the coffee plantations which are fully assessed to revenue sought permission of the respondents to cut and remove the standing trees in the plantation as they were providing excess shade which is not conducive for the coffee plants. ..... before we proceed to decide the question as to whether or not the petitioners are entitled to the trees standing on these lands as full owners thereof, a brief reference to the history of these lands is necessary in order to understand the very nature of these lands which factum has a direct bearing on the question to be determined in these appeals.5.2. ..... (ii) such privileges enjoyed by the jamma bane holder do not entitle him to any sub-soil rights in the jamma bane land nor had he any interest of right in the standing trees and he could not utilise these trees for commercial purpose without payment of full timber value to the government. ..... thus, after giving our anxious consideration to the contentions urged on both sides and the position obtaining in law, we hold that the bane holder has no proprietary right to the soil of bane land and to the trees standing thereon. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007(3)KAR2799; 2007(3)KCCR1933; 2007(3)AIRKarR195
..... section 75 of the karnataka land revenue act, 1964 is applicable only for the lands for which original survey settlement has been completed before the commencement of the land revenue act. ..... , to the 1st respondent contending that he is not liable to pay the value of the trees by virtue of section 75 of the karnataka land revenue act and the rules and also in view of the decision of this court in n.k. ..... of the land and the trees grown on any land, it is stated, the records are maintained by the revenue department and the forest department regulates only felling and transporting of the trees as such, they have to seek opinion from the revenue department as to ownership of the trees. ..... in the circumstances, mere is no illegality on the part of the respondent authority in the event the rates are collected by the respondent authority for the trees which were said to be small and not grown fully at the time of grant and insisting on the petitioner to pay the difference when he sought for ..... dated 14.12.2005, the value of the trees growth will have to be assessed at the rate prevailing at the time of assessment and not at the rate prevailing on the date of grant as per rule 85 of the karnataka forest rules, 1969 based on the seigniorage ..... to be noted as per the submission of the respondents, it is not that malik was collected on the trees standing at the time of grant but, the petitioner has sought to fell the trees which were not fully grown at the time of grant and were not assessed correctly. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(3)KarLJ267
..... the impugned order passed by the respondent calling upon the petitioner-society to get conversion order under section 95 of the karnataka land revenue act, 1964 does not arise and the impugned order is liable to be quashed. ..... a separate conversion under section 95 of the karnataka land revenue act, 1964 is necessary. 10. ..... or change shall not be permitted unless permission is obtained in accordance with law under section 95 of the karnataka land revenue act, 1964. 9. ..... provide that change of land use shall not be permitted unless permission is obtained in accordance with law under the provisions of the karnataka land revenue act, 1964. 6. ..... view of the matter and in view of law laid down by the supreme court, the impugned order passed by the urban development authority directing the petitioner to obtain conversion order under section 95 of the karnataka land revenue act is perfectly justifiable, legal and valid and hence, i pass the following order: writ petition is dismissed. ..... learned counsel for the petitioner has to be accepted, section 95 of the karnataka land revenue act and proviso to sub-section (2) of section 14 of the karnataka town and country planning act, would be rendered nugatory. ..... in view of the exemption granted under section 20 of the act, it must be presumed that it is a converted land from government authorities again approaching the revenue authorities under section 95 of the karnataka land reforms act, 1964 seeking conversion of the land in question does not arises. .....
Tag this Judgment!Court : Karnataka
..... section 95 of the karnataka land revenue act, 1964 ..... educational institution and provide educational facilities to all sections of societies on no profit and no loss ..... assures to provide educational facilities to all sections of societies on no profit and no ..... land in question to non-agricultural purpose; in other words, the land continues to be agricultural in nature; this is apparently wrong; this land ..... 4 of karnataka educational institutions ..... land having been converted to industrial purpose way back in may 1986 has no longer retained its agricultural character; such a converted land ..... land for the building and playground of the educational institution with permission from relevant authorities to use for educational purposes: the land ..... karnataka state pollution control board has issued a letter dated 22.01.2020 at annexure-t to the effect that no ..... karnataka ..... land ..... (b) the above apart, the tumkur urban development authority constituted under the provisions of the karnataka urban development authorities act, 1987, vide letter dated 20.7.2018 has specifically stated that the land in question can be used for educational purpose in view of it s inclusion in the approved comprehensive development plan (revised- 6 ii)-2031; the content portion of ..... act ..... sections 9 & 14 of the karnataka town and country planning act ..... land use of 20 acres out of 81.12 acres in sy.no.88/p-1 from industrial to residential purpose under the provisions of karnataka town and country planning act ..... karnataka ..... karnataka ..... karnataka ..... karnataka .....
Tag this Judgment!Court : Karnataka
..... section 95 of the karnataka land revenue act, 1964 ..... educational institution and provide educational facilities to all sections of societies on no profit and no loss ..... assures to provide educational facilities to all sections of societies on no profit and no ..... land in question to non-agricultural purpose; in other words, the land continues to be agricultural in nature; this is apparently wrong; this land ..... 4 of karnataka educational institutions ..... land having been converted to industrial purpose way back in may 1986 has no longer retained its agricultural character; such a converted land ..... land for the building and playground of the educational institution with permission from relevant authorities to use for educational purposes: the land ..... karnataka state pollution control board has issued a letter dated 22.01.2020 at annexure-t to the effect that no ..... karnataka ..... land ..... (b) the above apart, the tumkur urban development authority constituted under the provisions of the karnataka urban development authorities act, 1987, vide letter dated 20.7.2018 has specifically stated that the land in question can be used for educational purpose in view of it s inclusion in the approved comprehensive development plan (revised- 6 ii)-2031; the content portion of ..... act ..... sections 9 & 14 of the karnataka town and country planning act ..... land use of 20 acres out of 81.12 acres in sy.no.88/p-1 from industrial to residential purpose under the provisions of karnataka town and country planning act ..... karnataka ..... karnataka ..... karnataka ..... karnataka .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1651; (1976)3SCC418; [1976]3SCR1088; 1976(8)LC497(SC)
..... first, the respondents claimed a vested right to redeem the tree on bane lands on payment of 50 per cent of the value of timber under coorg land and revenue regulation of 1889 and the rules framed thereunder second, the respondents claimed that, by section 75 of the karnataka land revenue act, 1964, an absolute right was conferred on them in respect of trees on bane lands and the government have no right even to demand 50 per cent of ..... of the matter, the learned single judge did not consider it necessary to rxpres9 any opinion on the second contention of the respondents whether under section 75 of the karnataka land revenue act of 1964, the state had no right to demand 50 per cent of the value.5. ..... held that section 202 of the karnataka land revenue act of 1964 did not affect the right acquired by the holders of bane lands in spite of repeal of the coorg land and revenue regulation of 1899 ..... the contention of the state that the coorg land and revenue regulation, 1899 was repealed and, therefore, the respondents had no right under those regulations to remove timber was repelled by the ..... single judge referred to the provisions of coorg land and revenue regulation of 1899 and in particular rule 97 ..... judge rightly did not express any view on the second question as to whether the bane land holders could ask for removal of trees without payment of full value. ..... judge came to the conclusion that rules conferred a right on the holders of bane land to redeem the trees standing on such bane tends. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1375; (1974)2SCC281; [1975]1SCR422; 1974(6)LC424(SC)
..... that rule does not contain an 'express order' reserving the right of the state government to the trees growing on bane lands, within the meaning of section 75(1) of the mysore land revenue act, 1964.21. ..... we find it difficult to agree that rule 10 can be read as an 'express order' reserving the right of the state government to the trees, within the meaning of section 75(1) of the mysore land revenue act, 1964. ..... 1, not being an occupant, cannot claim the benefit of section 75(1) of the mysore land revenue act, 1964; (2) that, concededly owners of bane lands like appellant no. ..... they contended that the rule was violative of article 19(1)(f) and article 31 of the constitution, that it was inconsistent with the provisions of section 75(1) of the mysore land revenue act, 1964 and that it was beyond the rule making powers conferred by the mysore forest act, 1963. ..... learned counsel for the appellants urges that by virtue of the provisions contained in section 75(1) of the mysore land revenue act, 1964 appellant no. ..... that rule was deleted, during the pendency of this appeal, by the karnataka forest (amendment) rules, 1973 notified on january 15, 1974. ..... the learned advocate-general of karnataka who appeared in this appeal at a later stage was not able to support the decision of the high court on the construction of rule 10. ..... on the enactment of the constitution in 1950, coorg became a part 'c' state and on november 1, 1956 it became a part of the new state of mysore (now karnataka). .....
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