Court : Karnataka
Reported in : ILR1993KAR1791; 1993(3)KarLJ411
..... muda has been constituted under section 3 of the karnataka urban development authorities act, 1987, hereinafter referred to as 'the act', for the purpose of planned development of mysore city as per the provisions of the act; that it has published an advertisement in deccan herald dated 12.1.1992 and other papers stating that it has decided to invite applications for allotment of sixteen thousand sites of various dimensions to certain categories of persons; that the said notification and the act of inviting applications for allotment of residential sites is ..... chapter ii of the act relates to constitution and incorporation of the urban development authority and other matters relating thereto such as disqualification for office of the members of the urban development authority; term of office and conditions of service members; removal of members; eligibility for reappointment; meeting of the authority; appointment of committees; powers of different authorities; appointment of commissioner; and powers and duties of the ..... and securing the development of the urban area and for those purposes the authority shall have the power to acquire, hold, manage and dispose of moveable and immoveable property, whether within or outside the urban area under its jurisdictions, to carry out building, engineering and other operations, and generally to do all things necessary or expedient for the purpose of such development and for purpose incidental thereto.18.3 chapter iii of the act deals with the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR1695; 2003(4)KarLJ528
..... these properties, among several other properties belonging to various other persons, were notified for acquisition under section 17 of the karnataka urban development authorities act, 1987 ('act' for short) by a gazette notification dated 30.1.1992 and by a final notification issued under section 19(1) dated 9.3.1998 for purposes of development of mysore city nachanahalli iii stage. ..... the karnataka urban development authorities act, 1987 was enacted with the purpose of developing major and important urban areas in the ..... order to appreciate the rival contentions, first it is necessary to refer to the relevant provisions of the urban development authority act in relation to the statutory requirements for acquisition of property.13. ..... however the division bench of this court in shimoga urban development authority's case, while interpreting sections 17 and 19 of the act, relying on the decision of the supreme court in ram chand ..... petitioners have challenged in these petitions the acquisition proceedings initiated by the mysore urban development authority (muda for short) in respect of several items of agricultural lands situate at nachanahalli village, mysore taluk more particularly described in the schedule to the writ petition in this ..... view of the explanation offered for the delay which i find is satisfactory, the ratio of the decision in shimoga urban development authority's case has no application to the facts of this case.25. ..... chapter iii of the act provides for developmental .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR1939
..... that the high court was right in coming to the conclusion that possession of the lands was taken by the state and there was therefore no authority in the state government to issue a notification denotifying the lands under section 19(7) of the karnataka urban development authorities act, 1987.similarly, in the case of state government houseless harijan employees association v. ..... rajasthan reported in : [1996]2scr1088 in bangalore development authority (supra), the supreme court in paragraph 47 further ..... which land statutorily vested in the government reverts to the original owner by mere cancellation of the notification.these observations were quoted by the supreme court in the later judgment in the case of bangalore development authority and ors. v. r. ..... new town development authority v. ..... notice should be given to the owner or the occupant of the land that possession would be taken at a particular time, though it may be desirable where possible, to give such notice before possession is taken by the authorities, as that would eliminate the possibility of any fraudulent or collusive transaction of taking of mere paper possession, without the occupant or the owner ever coming to know of it.this judgment was considered by the subsequent bench of three ..... set up a new town in terms of chapter vi of the maharashtra regional town planning act and for that purpose a notification was issued in the year 1972 under section 113 of the maharashtra regional town planning act (for short 'mrtp act'). .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR3794
..... in all these petitions the petitioners have sought for striking down the provision of section 32(5) of the karnataka urban development authority act, 1987 (hereinafter referred to as the 'act' 1987) and further sought for a declaration that the petitioners are the owners of the civic amenity sites and for further declaration that the urban development authority has no right whatsoever to deal with the said property.2. ..... the government has framed the rules called the karnataka urban development authorities (allotment of civic amenity site) rules 1991. ..... the preamble of the act 1987 reads as follows :'an act to provide for the establishment of urban development authorities for the planned development of major and important urban areas in the state and the areas adjacent thereto and for matters connected therewith. ..... from the abovesaid provisions it is clear that in every layout certain percentage of land is to be reserved for a civic amenity, whether the layout is formed by the urban development authority or by a private person as provided under section 32 of the act 1987. ..... whereas it is expedient to provide for the establishment of urban development authorities for the planned development of major and important urban areas in the state and the areas adjacent thereto and for matters connected therewith. ..... chapter iii of the act 1987 provides for development schemes. ..... 'chapter iii of the act 1987 provides for development schemes. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR480
..... patil, the learned counsel appearing for some of the petitioners in these petitions contended that in view of section 70 of the karnataka urban development authorities act, 1987 (hereinafter referred to as the act 1987), the state government has no power to acquire the land for the karnataka housing board, under the provisions of the act 1894, since it is one of functions of the authority constituted under act 1987 as the proposed lands come within the area of urban agglomeration of hubli and dharwar city. ..... section 70 of the act 1987 reads as follows:the housing board established under the karnataka housing board act, 1962 (karnataka act 10 of 1963) shall not undertake any housing scheme in any area within the urban area except in conformity with the layout plan of the urban development authority; provided that any housing scheme undertaken by the karnataka housing board before the commencement of this act shall be executed by the board in accordance with the said scheme.the reading of the above said section shows ..... the said limitation applies only where the land is sought to be acquired avowedly for the purpose of execution of a housing or improvement scheme prepared by the housing board under chapter-vii of the tamil nadu housing board act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)1SCC138; 2012(1)SCJ722
..... before further steps could be taken in the matter, the state legislature enacted the karnataka urban development authorities act, 1987 (for short, `the 1987 act') which envisaged the establishment of urban development authorities for the planned development of major and important urban areas in the state. ..... in no.hud/446/mib, bangalore, dated 9th june 1994.after considering the proposal of the letter the commissioner, belgaum urban development authority, belgaum in the above read, the sanction is accorded under section 18(3) of the karnataka urban development authorities act 1987, for formation of 4065 sites at a cost of rs. rs. ..... made for water supply, drainage and electricity the estimated cost of the scheme and area is reserved for garden, playground and civic amenity sites, as per sub section (c) and (d) of section 16 of the karnataka urban development authorities act 1987. ..... the relevant portions of the english translation of that order, which has been made available by learned counsel for the state of karnataka are extracted below: belgaum urban development authority, belgaum informed the government that, by preparing scheme no.35,43,43 a of kanabargi it would form totally 4065 in an area measuring 336 acres and 06 gunthas by ..... similar to the one made before us was rejected by three-judge bench by making the following observations:the assumption by the appellants that chapter iii of the bda act relating to development schemes does not provide for acquisition is erroneous. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR135; 2007(1)KarLJ76; 2007(1)KCCR435; 2006(6)AIRKarR495
..... the 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 short). ..... the petitioners 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). ..... at this stage, it is relevant to note the provisions of section 15 to 19, 35 & 36 of the 'kuda act' and sections 15 to 19, 35 & 36 of the bangalore development authority act ('bda act' for short) which are on paramateria with each other, as could be seen from the following chart:thekarnataka urban development authorities act, 1987thebangaloredevelopment authority act 1976section 15:power of authority to undertake works and incur expenditure for developmentetc. ..... 2003 kar-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. ..... though 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 1894. .....
Tag this Judgment!Court : Karnataka
Reported in : 2005(6)KarLJ636
..... by learned single judge of this court, upholding the constitutional validity of sub- section (5) of section 32 of the karnataka urban development authorities act, 1987 (for short, 'act'), while declining to declare the petitioners to be owners of the civic amenity sites and that the urban development authority has no right to deal with the said problem.2. ..... acts were repealed by section 78 of the act and in their place, the act was brought into force inter alia with the object of providing for the establishment of urban development authorities ..... a wholesome civic life, for which urban development authorities were required to be established for certain areas of the state, to carry out the schemes, plans and functions of the authority. ..... substance in the contention that the acquisition of land under the bangalore development authority act for public purpose, on payment of compensation, as compared to lands taken over under the act, without compensation violates article 14 postulates. ..... contention, it is urged that the provision of the bangalore development authority act, 1976, analogous to section 32(5) of the act does not stipulate the condition to agree for transfer of open spaces and civic amenity sites to the authority without compensation. ..... in the circumstances, is apposite:'we further hold that after the constitution (forty-fourth amendment) act, 1978 has come into force, the right to property in articles 19(1)(f) and 31 had its obliteration from chapter iii, fundamental rights. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(2)KarLJ637
..... in all these petitions the petitioners have sought for striking down the provision of section 32(5) of the karnataka urban development authority act, 1987 (hereinafter referred to as 'the act 1987') and further sought for a declaration that the petitioners are the owners of the civic amenity sites and for further declaration that the urban development authority has no right whatsoever to deal with the said property.2. ..... authority shall be planning and promoting and securing the development of the urban area and for those purposes the authority shall have the power to acquire, hold, manage and dispose of the moveable and immovable property, whether within or outside the urban area under its jurisdiction to carry out building, engineering and other operations, and generally to do all things necessary or expedient for the purpose of such development and for purposes incidental thereto'.chapter iii of the act 1987 ..... chapter iii of the act 1987 provides for development schemes. ..... provides for development schemes. .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(4)KarLJ464
..... --(i) belonging to the state government, or(ii) which is a revenue site owned by him, or(iii) belonging to him which is proposed to be acquired in connection with any development scheme of an authority, in relation to which a notification under the bangalore development authority act, 1976, or under section 17 of the karnataka urban development authorities act, 1987, or under section 15 of the karnataka improvement boards act, 1976, is published and which has not yet vested in favour of any authority for which the acquisition is proposed.may, on the application of such person made within sixty days of the commencement of this ..... section 17 of the karnataka urban development authorities act or section 15 of the karnataka improvement boards act has been published and the land has not till the date of coming into force of the act vested in the authority for which it has been proposed to be acquired, the authority may on the application made by such persons, that is, the person who has made the unauthorised constructions to regularise the constructions in accordance with the provisions of the act, provided the application had been made within ..... petitioner had to file the civil suit for injunction and prayed for grant of temporary injunction, but the civil court declined to grant temporary injunction and a miscellaneous first appeal was filed before this court, but this court dismissed that appeal as well. .....
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