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Girnar Traders Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR2007SC3180; 2007(4)AWC3851(SC); 2008(1)BomCR454; 2007(10)SCALE391; (2007)7SCC555; 2007AIRSCW5782

..... on 7.7.1958, bombay municipal corporation had issued a declaration under section 4(1) of the bombay town planning act, 1954 (hereinafter referred to as 'the act of 1954'), expressing its intention to prepare a development plan for the area under its jurisdiction and published a development plan in accordance with the provisions of the said act on 9.1.1964. ..... :provided that, nothing in this sub-section shall affect the date for the purpose of determining the market value of land in respect of which proceedings for acquisition commenced before the commencement of the maharashtra regional and town planning (second amendment) act, 1972:provided further that, for the purpose of clause (ii) of this sub-section, the market value in respect of land included in any undeveloped area notified under sub-section (1) of section 40 prior to the commencement of ..... though no such saving clause appears in the general clauses act, their lordships think that the principle involved is as applicable in india as it is in this country.it seems to be no less logical to hold that where certain provisions from an existing act have been incorporated into a subsequent act, no addition to the former act, which is not expressly made applicable to the subsequent act, can be deemed to be incorporated in it, at all events if it is possible for the subsequent act to function effectually without the addition. ..... 3703 of 2003 is before us on the basis of an order of reference dated 14.10.2004 reported as girnar traders v. .....

A. Janardhan Shetty, S/O. Late Sankappa Shetty and ors. Rep. by Gpa Ho ...

Court : Karnataka

Reported in : ILR2009KAR2159

..... further it is also stated by the learned counsel for the appellants that under the karnataka town and country planning act, the state government had designated the land in question for residential purpose in the cdp and the same was in force as on the date the impugned notifications were issued by the state government. ..... once the land is designated in the cdp for residential purpose it cannot be used contrary to the user stipulated in the plan except by amendment to it by following the procedure contemplated under the provisions of section 14a of the kt & cp act in support of this proposition of law strong reliance is placed by the learned senior counsel for the appellants upon the decision of this court in the case of h.g. ..... 76/1 of nagawara village and the concerned municipality is collecting taxes from them. ..... under section 14-a(1) of kt & cp act in support of this legal contention, catena of decisions of the supreme court namely : air 1973 sc 921, : 2001 (9) scc 232, 2004(4) scc 118, 1995 air scw 4587 are relied upon by the learned counsel on behalf of the appellants.12. ..... 4853/2004 was filed and this court remanded the matter for fresh consideration to the trial court: and the matter is still pending consideration before the trail court.4. ..... : 2004(6) scc 588 it has referred to the decisions of verender gaur v. .....

Bondu Ramaswamy Vs. Bangalore Development Authority and ors.

Court : Supreme Court of India

..... planned growth of land use and development and making and execution of town planning schemes in the state of karnataka is governed by the karnataka town and country planning act, 1961 (`town planning act ..... having a legislative council, by each house of the legislature of that state.in karnataka, the municipal corporations for larger urban areas are constituted and governed by the karnataka municipal corporations act, 1976 (`kmc act' for short) and the municipal councils for smaller urban areas are constituted and governed by the karnataka municipalities act, 1964 (`km act' for short). ..... karnataka : 2002 (4) scc 326, this court held that the bda act is a special and self-contained code; that bda and la act cannot be said to be either supplemental to each other, or pari materia legislations; that bda act could not be said to be either wholly unworkable and ineffectual if the subsequent amendments to the la act are not imported into bda act; and that the amendments to la act subsequent to the enactment of the bda act did not get attracted or become applicable to acquisitions under the bda act ..... issue a preliminary notification (14 villages)under sections 17(1) and (3) of the act(iii) 3.2.2003 area notified in the preliminary notification 3339 acresunder section 17(3) of bda act 12 guntas(in 16 villages)(iv) 16.9.2003 corrigendum regarding notification under 3839 acressection of bda act 12 guntas(in 16 villages)(v) 3.2.2004 resolution of bda to implement arkavathy 2750 acresscheme (in .....

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

Court : Supreme Court of India

..... amendment of the karnataka town and country planning act, 1961. ..... it consists of the following areas: (a) area comprising the city of bangalore as defined in the city of bangalore municipal corporation act, 1949 which is now replaced by the karnataka municipal corporations act, 1976, (b) the areas where the city of bangalore improvement act, 1945 was immediately before the commencement of the 1976 act in force, and (c) such other areas adjacent to the aforesaid as the government may from time to time by notification specify. ..... -95 217.87 217.87 - 1995-96 331.14 331.14 - 1996-97 162.08 162.08 - 1997-98 180.79 180.79 - 1988-99 84.23 84.23 - 1999-00 50.49 50.49 - 2000-01 19.48 19.48 - 2001-02 0.30 0.30 - 2002-03 7.34 7.34 - 2003-04 - - - 2004-05 - - - 2005-06 214.27 214.27 - total 1,515.27 1,515.27letter dated 03.05.2005 of the state government, which is enclosed with the affidavit of shri siddaiah, is also reproduced below: government of karnataka udd.151.ban.2005 karnataka secretariat multistoried buildingbangalore dated: 03.05.2005 sub: ring road cess, augmentation cess (cauvery water cess) & mrts cess. ..... (iii) there is no provision in the bangalore water supply and sewerage act, 1964 (for short, `the 1964 act') under which the burden of capital required for the execution of schemes could be passed on to the private house building societies and, in any case, the bwssb can recover the cost by resorting to section 16 of the 1964 act. .....

State of Odisha and Another Vs. Sanjay Das and Another

Court : Orissa

..... amendment to the constitution, under article 243, urban planning including town planning, regulation of land use and construction of building, planning for economic and social development, roads and bridges vests exclusively with the municipality ..... das (supra), held that a perusal of the order xlvii, rule 1 shows that review of a judgment or an order could be sought: (a) from the discovery of new and important matter or evidence which after exercise of due diligence was no.within the knowledge of the applicant; (b) such important matter or evidence could no.be produced by the applicant at the ..... the acquisition notifications were published in the year 1983 and 1984, the petitioner or his predecessor in interest had no locus standi to prefer any objection under section 5-a, as their interest was crystallized on 03.02.1991 on the basis of the judgment passed by this hon ble court in oj.no.2652 of 1987; (c) the validity of the notifications under the la act which was the subject matter of challenge in oj.no.2731 ..... commercial taxes, anantapur, air 1964 sc 1372, the supreme court held as follows: there is a distinction which is real, though it might no.always be capable of exposition, between a mere erroneous decision and a decision which could be ..... power of high court under article 226 canno.be equated to the english courts to issue prerogative writs and the high court has the wider power and can mould relief to meet the peculiar and complicated requirements of this country.14. ..... karnataka .....

Cuttack Development Authority Vs. Sanjay Das and Others

Court : Orissa

..... amendment to the constitution, under article 243, urban planning including town planning, regulation of land use and construction of building, planning for economic and social development, roads and bridges vests exclusively with the municipality ..... das (supra), held that a perusal of the order xlvii, rule 1 shows that review of a judgment or an order could be sought: (a) from the discovery of new and important matter or evidence which after exercise of due diligence was no.within the knowledge of the applicant; (b) such important matter or evidence could no.be produced by the applicant at the ..... the acquisition notifications were published in the year 1983 and 1984, the petitioner or his predecessor in interest had no locus standi to prefer any objection under section 5-a, as their interest was crystallized on 03.02.1991 on the basis of the judgment passed by this hon ble court in oj.no.2652 of 1987; (c) the validity of the notifications under the la act which was the subject matter of challenge in oj.no.2731 ..... commercial taxes, anantapur, air 1964 sc 1372, the supreme court held as follows: there is a distinction which is real, though it might no.always be capable of exposition, between a mere erroneous decision and a decision which could be ..... power of high court under article 226 canno.be equated to the english courts to issue prerogative writs and the high court has the wider power and can mould relief to meet the peculiar and complicated requirements of this country.14. ..... karnataka .....

Sanjaya Das Vs. State and ors.

Court : Orissa

..... amendment to the constitution, under article 243, urban planning including town planning, regulation of land use and construction of building, planning for economic and social development, roads and bridges vests exclusively with the municipality ..... das (supra), held that a perusal of the order xlvii, rule 1 shows that review of a judgment or an order could be sought: (a) from the discovery of new and important matter or evidence which after exercise of due diligence was no.within the knowledge of the applicant; (b) such important matter or evidence could no.be produced by the applicant at the ..... the acquisition notifications were published in the year 1983 and 1984, the petitioner or his predecessor in interest had no locus standi to prefer any objection under section 5-a, as their interest was crystallized on 03.02.1991 on the basis of the judgment passed by this hon ble court in oj.no.2652 of 1987; (c) the validity of the notifications under the la act which was the subject matter of challenge in oj.no.2731 ..... commercial taxes, anantapur, air 1964 sc 1372, the supreme court held as follows: there is a distinction which is real, though it might no.always be capable of exposition, between a mere erroneous decision and a decision which could be ..... power of high court under article 226 canno.be equated to the english courts to issue prerogative writs and the high court has the wider power and can mould relief to meet the peculiar and complicated requirements of this country.14. ..... karnataka .....

N. Srinivas Vs. V. Narayanaswamy and Others

Court : Karnataka

..... having regard to the fact that the municipal councillors are required to function as per the provisions of the karnataka municipalities act, 1964 and as certain important, obligatory and special functions are to be carried out by the municipal councillors under the act, the courts would normally be very slow in interfering with the normal duties of the elected representatives. ..... of this constitution, the legislature of a state may, by law, endow (a) the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon municipalities, subject to such conditions as may be specified therein, ivith respect to (i) the preparation of plans for economic development and social justice; (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the ..... the municipalities have been conferred constitutional status by amending the constitution and adding part ix-a vide the 74th amendment act, 1992 w.e.f 1.6.1993. ..... smt.sumitra [ilr 2004 kar 512] and in the case of vinaykumar soorinje and anr. vs. ..... thus, exercise of any power erroneously having effect of destroying the constitutional institution besides being outrageous is dangerous to the democratic set-up of this country. .....

Arathamma and Others Vs. the State of Karnataka, Department of Housing ...

Court : Karnataka

..... section 69 incorporates section 81(d) of the karnataka town and country planning act, 1961 (hereinafter referred to as the 'ktcp act', for brevity) and declares that the urban development authority shall be the "planning authority" for the local planning area. ..... development authority shall be the planning authority for the local planning area comprising the urban over which the planning authority for the city 01 town and jurisdiction immediately before the date on which the urban development authority is constituted; (ii) the urban development authority shall exercise the powers, perform the functions and discharge the duties under this act in the urban area as if it were a planning authority constituted for the city or town; (iii) the planning authority in the urban ..... it states that upon completion of the scheme, the board shall draw-up a note and forward the same to the president of the municipal council, who shall in turn, forward it to the government. ..... the proviso to section 11a stipulates that if the declaration lias been published before the commencement of the land acquisition (amendment) act, 1984, the award shall be made within a period of two years from such commencement. ..... original land owner had not paid the land revenue to the government, the government had passed orders forfeiting the land to the government designating the lands in question as "beellu", as per section 163 of the karnataka land revenue act, 1964 (hereinafter referred io as 'the klr .....

Arathamma and Others Vs. the State of Karnataka, Department of Housing ...

Court : Mumbai

..... section 69 incorporates section 81(d) of the karnataka town and country planning act, 1961 (hereinafter referred to as the 'ktcp act', for brevity) and declares that the urban development authority shall be the "planning authority" for the local planning area. ..... development authority shall be the planning authority for the local planning area comprising the urban over which the planning authority for the city 01 town and jurisdiction immediately before the date on which the urban development authority is constituted; (ii) the urban development authority shall exercise the powers, perform the functions and discharge the duties under this act in the urban area as if it were a planning authority constituted for the city or town; (iii) the planning authority in the urban ..... it states that upon completion of the scheme, the board shall draw-up a note and forward the same to the president of the municipal council, who shall in turn, forward it to the government. ..... the proviso to section 11a stipulates that if the declaration lias been published before the commencement of the land acquisition (amendment) act, 1984, the award shall be made within a period of two years from such commencement. ..... original land owner had not paid the land revenue to the government, the government had passed orders forfeiting the land to the government designating the lands in question as "beellu", as per section 163 of the karnataka land revenue act, 1964 (hereinafter referred io as 'the klr .....