Court : Karnataka
..... a) the karnataka municipal corporation act, 1976 b) the bangalore development authority act, 1976 c) the karnataka municipalities act, 1964 d) the bangalore water supply and sewerage board act, 1964 e) the karnataka slum areas (improvement and clearance) act, 1973. ..... the bangalore development authority act, 1976, the karnataka municipalities act, 1964 and karnataka slum areas (improvement and clearance) act, 1973. ..... e) the karnataka slum areas (improvement, and clearance) act, 1973.-. ..... the karnataka slum areas (improvement, and clearance) act, 1973. ..... preamble: bangalore metropolitan task force (bmtf) is constituted under g.o.no.udd247mnu95dated 19.03.1996 headed by deputy inspector general of police at government level to enforce the provisions of the following acts to safeguard the properties of respective local bodies and boards: a) the karnataka municipal corporation act, 1976. ..... for the purpose of brevity, i quote the said government order which reads as under:- - 18 - proceedings of the government of karnataka sub: creation of bangalore metropolitan task force preamble: it has come to the notice of the government that large scale attempts are made by land-grabbers to occupy unauthorisedly the lands belonging to the government, the bangalore city corporation, the bangalore development authority, the municipal councils and the slum clearance board in bangalore metropolitan area. ..... 1 to 4 in preamble for smooth and proper functioning of the force." 9. .....
Tag this Judgment!Court : Supreme Court of India
..... the impugned order of the high court in so far as the same strikes down section 20 of the 6 karnataka slum areas (improvement and clearance) act, 1973 [for short the act ]. ..... appeals, the subject matter is the notification dated 23.6.2005 bearing no.hd34komame2004 bangalore issued under section 17 of the karnataka slum areas (improvement and clearance) act, 19731 by the housing department of the state of karnataka and the constitutional validity of section 20 of the 1973 1 for short, the 1973 act 2 act. ..... show cause notice (preliminary notification) is ordinarily issued when the competent authority is satisfied that for the purpose of executing any work of improvement in relation to any slum area or any building in such area or for the purpose of re developing any slum clearance area , or for the purpose of rehabilitating slum dwellers, it is necessary to acquire any land and it has been so decided in pursuance of the said provision. ..... for that, learned counsel for the state also invited our attention to the statement of objects and reasons, preamble, and the scheme of the different provisions of the 1973 act, including section 17 which is to rehabilitate the slum dwellers from their existing squalid living conditions in the slum area, so as to best subserve the common good by redeveloping the slum area or slum clearance area, as the 13 air1978sc215: (1977) 4 scc471(7 judge bench) 14 (1981) 1 scc166(5 judge bench) 15 (2011) 8 scc708(5 judge bench) 16 supra at footnote no.9 13 case .....
Tag this Judgment!Court : Guwahati
..... hand, the nature of the statutory duty imposed itself necessarily implied an obligation to hear before deciding, that the audi alteram partem rule could be imported, thus in applying the test to the provisions of the earlier act, the mysore slum areas (improvement and clearance) act, 1958, this court held in govt. ..... bhat, (1975), 2 scr 407 : (air 1975 sc 5%) thus:-- 'there can be no two opinions about the need to hear the affected persons before declaring an area to be a slum area under section 3 or an area as a clearance area under section 9 or before taking action under section 10. ..... under clause 9 of the foreigners order, 1948 the authority concerned by any order, may prohibit any foreigner from remaining in any part of the protected area as shown in the foreigners protected area order, 1958 including the territory of arunachal pradesh has full authority and jurisdiction to pass any order restraining the movement of any foreigner or any class of foreigners from remaining in any part of arunachal pradesh. ..... under clause 7 of the said regulation, it shall not be lawful for any person, not being a native of the district comprised in the preamble of this regulation, to acquire any interest in land or the product of land beyond the said 'inner line' without the sanction of the, state government, or such, officer, as the state government shall appoint in this behalf: any ..... state of karnataka, air 1991 sc 1117, the supreme court observed as follows (at p. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1461; JT1993(3)SC546; 1993(2)SCALE682; 1994Supp(1)SCC615; [1993]3SCR401
..... karnataka : [1991]1scr974 , a case arising karnataka slum areas (improvement and clearance) act, 1973, held that before eviction a slum ..... karnataka : [1991]1scr974 affording a hearing to slum dwellers under the karnataka slum areas (improvement and clearance) act, 1973 ..... purposes of this section:(a) 'assam' means the territories included in the state of assam immediately before the commencement of the citizenship (amendment) act, 1985; (b) 'detected to be a foreigner' means detected to be a foreigner in accordance with the provisions of the foreigners act, 1946 (31 of 1946) and the foreigners (tribunals) order 1964 by a tribunal constituted under the said order; (c) 'specified territory' means the territories included in bangladesh ..... government of assamadministered by government of assam with special safeguards.administered by the governor of assam acting in his discretion independently of the provincial ministry.administered by the assam acting on the advice of the provincial ministry.administered by the president through the governor of assam as his agent acting in his discretion under the general supervision and control of ministry of external affairs.administered as before by the governor as agent of the ..... that needs as follows:it shall not be lawful for any person, not being a native of the district comprised in the preamble of this regulation, to acquire any interest in land or the product of land beyond the said 'inner line' without the sanction of the state government or such .....
Tag this Judgment!Court : Karnataka
..... the petitioners are before this court seeking that the respondents no.1 and 2 be directed to publish the notification under section 17 of the karnataka slum areas (improvement and clearance) act, 1973 in respect of the lands belonging to the petitioners and direct the respondents to pay the compensation to the petitioners in respect of the ..... of the said lands and the other lands, a notification under section 3 of the karnataka slum areas (improvement and clearance) act, 1973 has been issued and the same has attained ..... contend that the property which rightfully belongs to the petitioners is now declared as a slum area and is denied the benefit of the said property. ..... have also relied on the order dated 21.08.2007 passed in w.p.no.3537/2005, wherein similarly situated persons had approached this court and this court had disposed of the petition directing the respondents to consider the representations which had been made by the petitioners therein ..... the petitioners are the owners of the land bearing sy.nos.17/1a and 1b situate at kelagote extension, chitradurga city and the in the said lands, slum had developed is not seriously in dispute. ..... writ petition is filed under articles 226 and 227 of the constitution of india praying to direct the r-1 and 2 to publish notification u/s 17 of the act in respect of the lands in question belonging to the petitioners and direct the respondents to pay compensation to the petitioners in respect of their lands which have been notified under act.) 1. .....
Tag this Judgment!Court : Delhi
Reported in : 9(1973)DLT456
..... filed three separate applications under section 19 of the slum areas (improvement and clearance) act, 1956 for permission to file suits for eviction against ..... and rightly that an order under section 22 of the act was not an order under section 14 and so did not attract the provisions of section 19(1)(a) of the slum areas (improvement and clearance) act ..... that the 'free langar' used to be served at that time in the gallery of the gurdwara which created disturbance adversely affecting the serenity of the atmosphere of the gurdwara and that in order to carry out the beneficent and charitable purposes of the landlord, it was intended to demolish the intervening walls of the six shops including the shops occupied by the present appellants so as to form a big room ..... , has raised the following contentions in support of the appeals : '(1)that the orders for eviction on the basis of compromise were illegal and unforceable as they were not the orders passed after the controller had satisfied himself of the grounds on which the landlord sought to claim ..... having regard to the fact that these statements were made in answer to the claim for eviction made by the landlord under section 22 of the act, no doubt is left in our minds that the tenants by their admission were further conceding that the landlord was an institution of the kind mentioned in section ..... 1973 ..... seshadri (1973) 1 rcr 342 where after noticing that in the facts of the case it was clear that the tenant had accepted the position that the .....
Tag this Judgment!Court : Delhi
Reported in : 63(1996)DLT577
..... kasturi lal : [1977]2scr421 while interpreting the provisions of delhi rent control act, sections 14a, 25a, 25b, 25c and 54 to determine whether these provisions will prevail over the provisions of section 19 and 39 of slum areas (improvement and clearance) act. ..... the petition for eviction was contested by the appellant on the grounds that the same was not maintainable without permission under the slum areas (improvement and clearance) act. ..... 615) as indicated by us, the special and specific purpose which motivated the enactment of section 14a and chapter iiia of the delhi rent act would be wholly frustrated if the provisions of the slum clearance act, requiring permission of the competent authority were to prevail over them- thereforee, the newly introduced provisions of the delhi rent act must hold the field and be given full effect despite anything to the contrary contained in the slum clearance act. ..... is no surviving spouse, son or daughter of the deceased person, or if such surviving spouse, son or daughter or any of them, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death; and (d) fourthly, his daughter-in-law, being the widow of his pre-deceased son, if there is no surviving spouse, son, daughter or parents of the deceased person, or if such surviving spouse, son, daughter or parents, or any of them, did not ..... sri kishan tandon and another : [1973]1scr850 . ..... shri sri kishan tandon & another : [1973]1scr850 . .....
Tag this Judgment!Court : Karnataka Dharwad
..... the counsel appearing for the slum board also vehemently contend that, by issuing possession certificate only recognized their possession and notification was issued by the government under section 3 of the karnataka slum areas (improvement and clearance) act, 1973. ..... the factual matrix of the case in w.p.no.101473/2023 is that, respondent no.2 herein issued a notification under section 3 of the karnataka slum areas (improvement and clearance) act, 1956 ( the slum act , for short) notifying the land belonging to the petitioner bearing r.s.no.37/2b measuring 1 acre 26 guntas. ..... it is not in dispute that the petitioners are owners of the respective properties to the extent of 01 acre 26 guntas and also 06 acres 32 guntas in respect of survey no.37/2b and 37/3a and also not in dispute that the said land was declared as slum area under section 3 of the karnataka slum areas (development)act, 1973, as per the notification dated 20.05.1992. ..... this court would like to rely upon section 3 of the karnataka slum areas (development) act, 1973, which reads as follows:3. ..... having considered the principle laid down by the hon ble apex court in the above judgment also, it is clear that respondents have declared the land as slum area having taken note of scope of section 3(a) of the act and even it is for the purpose of improvement. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the counsel appearing for the slum board also vehemently contend that, by issuing possession certificate only recognized their possession and notification was issued by the government under section 3 of the karnataka slum areas (improvement and clearance) act, 1973. ..... the factual matrix of the case in w.p.no.101473/2023 is that, respondent no.2 herein issued a notification under section 3 of the karnataka slum areas (improvement and clearance) act, 1956 ( the slum act , for short) notifying the land belonging to the petitioner bearing r.s.no.37/2b measuring 1 acre 26 guntas. ..... it is not in dispute that the petitioners are owners of the respective properties to the extent of 01 acre 26 guntas and also 06 acres 32 guntas in respect of survey no.37/2b and 37/3a and also not in dispute that the said land was declared as slum area under section 3 of the karnataka slum areas (development)act, 1973, as per the notification dated 20.05.1992. ..... this court would like to rely upon section 3 of the karnataka slum areas (development) act, 1973, which reads as follows:3. ..... having considered the principle laid down by the hon ble apex court in the above judgment also, it is clear that respondents have declared the land as slum area having taken note of scope of section 3(a) of the act and even it is for the purpose of improvement. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1117; JT1991(2)SC184; (1991)2SCC604; [1991]1SCR974; 1991(1)LC628(SC)
..... the karnataka slum areas (improvement and clearance) act, 1973, which received the assent of the president on 1st october, 1974, is an act to provide for improvement and clearance of slums in the state of karnataka. ..... hma 59 mcs 76 dated 17.1.1977 was issued by the karnataka government declaring an extent of one acre in timber yard slum by the side of main road, cottonpet, bangalore, as 'slum area'. ..... he also submitted that in view of the purpose of the legislation and the scheme contemplated thereunder once action has been taken declaring a larger area as 'slum clearance area', any change thereafter which would directly affect the slum dwellers could not be taken without giving the affected persons an opportunity of being heard and, there is, therefore, the clear violation of the principle of natural justice. ..... under section 11, when the government is satisfied on a report from the competent authority that the most satisfactory method of dealing with the conditions in the area is the clearance of such area and demolition of the buildings in the area, it may, by notification, declare the area to be the 'slum clearance area'.2. ..... after considering the objections, another notification dated 30.12.1977 was issued under section 11(1) of the act declaring the entire land as 'slum clearance area'. .....
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