Judgment Search Results Home > Cases Phrase: the haryana municipal act 1973 Court: karnataka Page 1 of about 8,053 results (0.168 seconds)

Dr. Radhakrishna Co-operative Housing Society Limited, Hosur, Hubli an ...

Court : Karnataka

Reported in : 1999(2)KarLJ637

..... in yogendra pal's case, supra, the supreme court has held that the provisions of section 192(1)(c) of the punjab municipal act, 1911 and section 203(1)(c) of the haryana municipal act, 1973 are violative of article 14 of the constitution and are void on the ground of discrimination that section 192(1) (c) of the said act, provides that the land owner who surrendered less than 25 per cent of his land is not entitled for compensation and if it exceeds more than 25 per cent, there is an obligation on the part of the authority to pay compensation to the land owner. ..... it is nextly contended that if the land is acquired under the land acquisition act, the land owner is entitled to get market value as compensation whereas, in respect of a civic amenity site reserved for the benefit of the residents of the locality, the land owner is deprived of compensation and therefore according to the petitioners, there is discrimination between a land owner who is deprived of the property under the land acquisition act and the owner of the civic amenity site who is deprived of his right to own the said site under section 32(5) of act 1987 and hence ..... while considering section 313 of the delhi municipal corporations act, it is observed by the supreme court that there is no provision under the act, calling upon the land owner to surrender the land free of cost. .....

Dr. Radhakrishna Co-operative Housing Society Ltd. and ors. Vs. State ...

Court : Karnataka

Reported in : ILR1998KAR3794

..... in the case of yogendra pal (supra), the supreme court has held that the provisions of section 192(1)(c) of the punjab municipal act, 1911 and section 203(1)(c) of the haryana municipal act, 1973 are violative of article 14 of the constitution and are void on the ground of discrimination that section 192(1)(c) of the said act, provides that the land owner who surrendered less than 25 per cent of his land is not entitled for compensation and if it exceeds more than 25 per cent, there is an obligation on the part of the authority to pay compensation to the land owner. ..... it is nextly contended that if the land is acquired under the land acquisition act, the land owner is entitled to get market value as compensation whereas, in respect of a civic amenity site reserved for the benefit of the residents of the locality, the land owner is deprived of compensation and therefore according to the petitioners, there is discrimination between a land owner who is deprived of the property under the la act and the owner of the civic amenity site who is deprive of his right to own the said site under section 32(5) of the act 1987 and hence it is hit by article ..... while considering section 313 of the delhi municipal corporations act, it is observed by the supreme court that there is no provision under the act, calling upon the land owner to surrender the land free of cost. .....

Sri Basaveshwar Co-operative Society Vs. Special Land Acquisition Offi ...

Court : Karnataka

Reported in : ILR1994KAR195; 1994(1)KarLJ354

..... amount to be awarded under section 23(1-a) is an additional amount to be awarded on the basis of the market value of the land; it is not in consideration of the compulsory nature of the acquisition, as distinguished from the language of section 23(2); the provisions of section 23(1-a) and section 23(2) of the act, 1894 are distinct and deal with different aspects and are intended to serve different objects and when the language of section 48 of the act, 1958 along with the explanation is quite clear, wherein it is stated that the amount awarded and amount claimed include any other additional ..... sri c.s.kothavale, learned counsel for the appellant, urged :(1) it is undisputed that the land in question was a converted land for non-agricultural use; it was acquired for construction of office and staff quarters; it is situated within the municipal limits of bagalkot city and is surrounded by non-agricultural plots, municipal lay-out, mysore state housing board colony, industrial estate, union school, general hospital, new circuit house, apmc yard, spinning mill, shivanagar colony, karnataka cement pipe ..... the said land was converted for non-agricultural purpose as per the order dated 21.4.1973 of the special deputy commissioner, which fact is noted in the revenue records as per m.e.no. ..... 1196 dated 21.11.1973. .....

M. Vemala Nayaka and Others Vs. Smt. Raniyamma and Another

Court : Karnataka

Reported in : ILR1997KAR2449

..... the supreme court while considering the provisions of the haryana municipal act, with reference to article 243-t of the constitution of india has held as follows:'as admittedly the post of president, loharu municipality is subjected to double reservation of being available only to an elected member who is a scheduled caste woman and she must have been elected on the scheduled castes seat from the ward reserved for such scheduled castes candidates. ..... the supreme court in the case of saraswati devi, supra, interpreting the provisions of haryana municipal act and haryana municipal election rules, with reference to article 243 of the constitution of india introduced by 73rd amendment act, has held that the constitutional mandate makes it very clear that such chairpersons of panchayats or municipalities would be made available by rotation as provided by the state legislature to scheduled castes, scheduled tribes and women. ..... municipal corporation act, 1956, as to this, the law may be recapitulated thus:(i) a writ of quo warranto is issued when a person usurps a public office or is otherwise unfit to hold it. .....

Vivekchandrashekar and Others Vs. Bruhat Bangalore MahanagaraPalike (B ...

Court : Karnataka

(prayer: these writ petitions are filed under articles 226 and 227 of the constitution of india, praying to direct respondents no.1 and 2 to exercise the powers vested in them under section 321 of the karnataka municipal corporations act, 1976, to demolish the construction carried out by respondent no.4 on the terrace portion of the schedule property to the extent which is constructed contrary to the sanctioned plan as per the confirmation order dated 9-10-2006 vide annexure-d.) 1. ..... and its authorities to initiate action under section 321 of the karnataka municipal corporations act, 1976, (for short, the act ) for demolition of the construction raised by respondent no.4 allegedly without duly sanctioned plan. 2. ..... the said writ petition was dismissed by holding that suit- o.s.no.8786/2006 had been filed challenging the proceedings under section 321 of the karnataka municipal corporations act, 1976, (hereinafter referred to as the act ). ..... in view of the disposal of the suit-o.s.no.8786/2006 and the fact that the proceedings initiated under section 321 of the act have been set aside, this writ appeal does not survive for consideration and necessary directions have already been issued to the bangalore mahanagarapalike to initiate action, if necessary. 5. .....

Saghir Ahmed and Another Vs. Bruhat Bengaluru Mahanagara, Rep. by its ...

Court : Karnataka

..... direction to bruhat bengaluru mahanagara palike (b b m p for short) to culminate the proceedings initiated by it under section 462 of the karnataka municipal corporation act followed by confirmation order dated 29.11.2013 by taking action against the illegal structure put up by the respondent no.3 herein on the property mentioned in property bearing hasb khata no.471/counsel property no.88, measuring east to west 15 feet and north to south 40 feet and hasb khata south 40 feet in total the property measuring east to west 40 feet and north to south 40 feet ..... (prayer: this writ petition is filed under articles 226 and 227 of the constitution of india praying to direct the bbmp to culminate the proceedings initiated by it under section 462 of the karnataka municipal corporation act as per ann-h by the confirmation order dtd.29.11.2013 vide annex-g by taking action against the illegal structure put up by the r-3 herein on the property mentioned in schedule to this w.p. ..... the second writ petition (w p no.3147/2016 (lb-bmp) is filed by the third respondent in the first writ petition seeking to quash the provisional order under section 321(1) and (2) of karnataka municipal corporation act, 1976, hereinafter referred to as `the act' for short and also the order of confirmation dated 29.11.2013 passed under section 321(3) of the act on various grounds. 3. .....

Chandigarh Housing Board. Vs. Devinder Singh and anr.

Court : Karnataka

Reported in : AIR2007SCW2724; AIR2007SC1723; 2007(8)JT567(SC); 2007(6)ALT64(DNSC); 2007(4)SCJ353; 2007(9)SCC67

..... indisputably, the chandigarh housing board has been constituted under the haryana housing board act, 1971, as extended to the union territory ..... was urged that respondents being members of the 'awho' had no independent existence and that being a part of the society itself, would come within the purview of the word 'through government/semi-government/municipal committee/corporation/improvement trust/notified area committee' and for the said purpose the contextual rule of interpretation should be applied.8. ..... reading thereof indicates that the same consists of the following ingredients:(1) the applicant should not have acquired a house/residential site anywhere in india:(2) such acquisition must be through government/semi government/municipal committee/corporation/improvement trust. ..... the relevant provisions/stipulating conditions of eligibility as stated in the brochure reads as under:"the applicant should not have acquired a house/residential site anywhere in india through government/semi-government/municipal committee/corporation/improvement trust at concessional ..... the second part of regulation (6) takes within its purview a restriction on allotment to such persons who have acquired a house/residential site anywhere in india through government/semi-government/municipal committee, improvement trust at concessional rate in their name or in the name of any of ..... who have acquired a house/residential site anywhere in india through government/semi government/municipal committee/improvement. .....

P.R.Ramesh, S/O Late P.Rudramurthv, and ors. Vs. the State of Karnatak ...

Court : Karnataka

..... section 11(1-a) of the municipalities act, which provides for standing committees for the bbmp, is being extracted hereunder:(a) the standing committee for taxation and finance;(b) the standing committee for public health;(c) the standing committee for town planning and improvement;(d) the standing committee for public works;(e) the standing committee for accounts;(f) the standing committee for education and social justice;(g) the standing committee for appeals;(h) the standing committee for horticulture and marketing."5. ..... and further, that none of the provisions (of the transparency act) applicable to municipal activities had been violated in the aforesaid view of the matter our endeavour would be to consider the first of the two submissions noticed hereinabove, to test the contentions advanced on behalf of the petitioners on the basis of the provisions of the transparency act (and the rules framed there under). ..... it is submitted, that prior to the promulgation of the transparency act, the procedure for execution of contracts was contained in various provisions of the municipalities act. ..... in the absence of the commissioner, it is open to the government to appoint an acting commissioner under section 16 of the municipalities act. .....

P.R. Ramesh and Others Vs. the State of Karnataka and Others

Court : Karnataka

..... section 11(1-a) of the municipalities act, which provides for standing committees for the bbmp, is being extracted hereunder: (a) the standing committee for taxation and finance; (b) the standing committee for public health; (c) the standing committee for town planning and improvement; (d) the standing committee for public works; (e) the standing committee for accounts; (f) the standing committee for education and social justice; (g) the standing committee for appeals; (h) the standing committee for horticulture and marketing. 6. ..... to the making of contract for any of the purposes of the act, namely- (a) every contract shall be made by or on behalf of the corporation by the commissioner; (b) no contract for any performance which, in accordance with the provisions of this act, the commissioner may not carry out without the sanction of one or other municipal authorities or of the government shall be made by him unless such sanction has been given; (c) any contract involving any expenditure exceeding such limits as may be specified in the rules shall he made by the commissioner unless the requirement regarding the procedure .....

Karnataka State Cine Junior Artists Association Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1990KAR2195

..... state of haryana, : [1980]3scr689 it was a case which arose under the punjab municipal act. ..... these writ petitions are opposed on behalf of respondents 1 to 3 - the state, which has passed the government order, the commissioner for commercial taxes, who is entrusted with the administration of the entertainment tax act, and the director of information and publicity, who plays an important role in the scheme of the act, since he is the authority to issue the necessary certificate on the production of which the exhibitor is expected to collect only 50% of the tax-confessional levy of tax.12. ..... the second important aspect argued with emphasis is, that the government exercised the discretion in relaxing the condition for grant of tax concession while the government does not possess any such discretion under the act and the government's action in exercising this power is, therefore, ex facie, illegal and the government has usurped the power giving a go by to the mandatory requirement of the relevant provision in the act to satisfied before granting any such exemption.45. ..... gupta's case :- '19a....if public duties are to be enforced and social collective 'diffused' rights and interests are to be protected we have to utilise the initiative and zeal of public-minded persons and organisations by allowing them to move the court and act for a general or group interest, even though, they may not be directly injured in their own rights. .....