Court : Karnataka
Reported in : ILR1993KAR2605; 1994(3)KarLJ378
..... land revenue act, 1964 in order to prevent illegal quarrying, mining of granites and other minor minerals carried on in the patta or hiduvati lands in several parts of the state and to vest the rights over the minor minerals in the patta lands, with the state government.under the saving provision in section 70 of the karnataka land revenue act, 1964 the pattaholders were continuing ..... indicate that atleast from the date of enactment of section 38 of the mysore code in 1888, so far as minor minerals like granite were concerned, the state did not claim absolute vesting in itself and on the contrary, exempted these minor minerals from the sweep of section 38, meaning thereby, the state did not claim any right in such minor minerals and of necessity ..... the government for the time being, the right to all precious metals, precious stones, coal and other minerals to be extracted by any process of mining from any lands whatsoever, shall vest absolutely in the government, and the government shall, [subject to the provisions of mines and minerals (regulation and development) act, 1948 (central act liii of 1948)], have all the ..... the learned advocate general, in this connection, submitted that as section 38 of the mysore code itself shows there was a possibility of certain minerals, even major minerals being vested in the pattadars by express grant and that is why there is a specific provision in section 38 of the code that unless it is otherwise expressly provided by the terms of the grant or .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2959; 1994(4)KarLJ165
..... that have been grown on the lands after the lands became alienated bane and the malki of such trees including the trees grown from the stumps or roots of the trees cut and removed vest in the owners and they will be entitled to cut and remove the same without paying the value of the timber or obtaining the value of the timber or obtaining transport passes in accordance ..... this act or under the terms of any grant made or of any other instrument of transfer executed, by or on behalf of the government for the time being, the right to mines, minerals and mineral products, shall vest absolutely in the state government and the state government shall, subject to the provisions of the mines and minerals (regulation and development) act, 1957 (central act no. ..... 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. ..... are also framed under the said regulation in exercise of the powers vested in the state government for making rules under section 143 of ..... right to trees growing on the land which had continued to vest in the government earlier did not get divested nor did it vest in jamma bane holder under 1964 act and even sub-soil which did not vest in the jama bane holder under 1899 regulation also did not get vested in the jamma bane holder. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... board fund which shall be administered by the board.the following shall form part of or be paid into the board fund, namely: i) the income from palace or proceeds of any property vested in the board.ii) all fees and charges paid to or levied by or on behalf of the board under this act.iii) all grants and contributions made by the state government or any ..... own procedure in all matters arising out of the discharge of his functions, and shall, for the purpose of making an investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit, in respect of the following matters, namely:a) summoning and enforcing the attendance of any witness ..... before the commissioner for payment of amount out of the amount specified in section 8 and also out of the amount determined under section 9,(4) every mortgagee of any property which has vested under this act in the state government and every person holding any charge, lease, lien or other interest in, or in relation to, any such property shall give, within such ..... that the provisions of this act are enacted for giving effect to the policy of the state towards securing the principles specified in clause (b) of article 39 of the constitution,' section 4 reads:'transfer and vesting of the palace in the state government : on the appointed day, the bangalore palace (hereinafter referred to as the 'palace') and the right, title and interest of the legal representatives or heirs .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR1833
..... land in respect of which it considers, after such enquiry as may be prescribed, that he is prima facie entitled to be registered as an occupant under this chapter.f) the landowner, landlord and every person interested in the land whose rights have vested in the state government under clause (a), shall be entitled only to receive the amount from the state government as provided in this chapter.g) xxx xxx(c) if it is tenanted land immediately before 1-3-1974 but the tenant is not in possession ..... lands: available for disposal are:1) surplus lands held by owners as determined under chapter iv of the act and lands held by tenants but surrendered to the government under section 71 ;(2) lands held by a person before the date of vesting and in respect of which he is not entitled to be registered as occupant (sec section 45(3) ;(3) lands forfeited to the state government under leases contrary to the provisions of the act under section 58 ;(4) lands available for disposal on tenants' failure to ..... if section 45(3) is read independently of section 45(2), it is clear that persons mentioned in section 45(1) if they are not entitled to be registered as occupants under that section are liable for eviction from the land held by them before the date of vesting and such lands will be disposed of in the manner provided under section 77: but one of the arguments canvassed by the some of the counsel is that section 45(3) must be read as subject to section 45(2) and it does not apply to a person .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR4199; 2006(5)KarLJ48
..... having regard to the facts and circumstances of the case, i am of the view that though the land gets vested when the declaration was issued, the petitioner is entitled for compensation only after acquisition of the land is complete under section 29 of the act. ..... the provisions of the improvement act, particularly section 45 to 49 and 53 and 54a when they speak of certain building or street or square or other land vesting in a municipality or other local body or in a trust, do not necessarily mean that ownership has passed to any of them. ..... the legal position emerges from the above discussion is as follows:-(i) the land owner is not entitled for compensation on publication of declaration and vesting of the land with the state government as provided in section 28(4) and (5) of the act. ..... now the question is whether the state government should be compelled to take possession of the land vested in it when it is no longer possible for the government to effectuate the intended purpose of acquisition. ..... avinash sharma : [1971]1scr413 for the proposition that once the land vests statutorily with the state government, it will not revert back to the original owner by mere cancellation of the notification under section 21 of the general clauses act. ..... the object of the act can be achieved only when possession of the vested lands are taken by the state government and transferred to the board for orderly development of industries.14. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR970
..... enquiry as may be prescribed, that he is prima facie entitled to be registered as an occupant under this chapter;(f) the land-owner, landlord and every person interested in the land whose rights have vested in the state government under clause (a), shall be entitled only to receive the amount from the state government as provided in this chapter;(g) permanent tenants, protected tenants and other tenants holding such lands ..... to any person under this chapter;(d) no such lands shall be liable to attachment in execution of any decree or other process of any court and any attachment existing on the date of vesting and any order for attachment passed before such date in respect of such lands shall cease to be in force;(e) the state government may, after removing any obstruction which may be offered forthwith ..... other person and any payment, made in contravention of this clause shall not be valid;(c) all arrears of land revenue, cesses, water rate or other dues remaining lawfully due on the date of vesting in respect of such lands shall after such date continue to be recoverable from the land owner, landlord or other person by whom they were payable and may, without prejudice to any other mode ..... is entrusted with the duty and responsibility of determining the rights of the tenants for occupancy rights and also distributing the excess lands which stand vested in the state government in accordance with the provisions of section 77 of the act as is clear from section 48a read with section 112b .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR2111; 1995(3)KarLJ306
..... , ferries, pathways, village sites, hats, bazars and melas; and in all subsoil, including rights, if any, in mines and minerals, whether being worked or not, shall cease and be vested in the state for purposes of the state free of all encumbrances; and the mortgage debt or charge on any proprietary right shall be a charge on the amount of compensation payable for such proprietary ..... certificate issued by the court or any authority or any contract, grant or other instrument or any other law for the time being in force, with effect from the date of vesting of the land in the state government from the date of enforcement of the amending act, the consequences referred in various clauses did ensue and the first consequence of which has ..... to any person under this chapter; (d) no such lands shall be liable to attachment in execution of any decree or other process of any court and any attachment existing on the date of vesting and any other for attachment passed before such date in respect of such lands shall cease to be in force; (e) the state government may, after removing any obstruction which may be offered, ..... person and any payment made in contravention of this clause shall not be valid; (c) all arrears of land revenue, cesses water rate or other dues remaining lawfully due on the date of vesting in respect of such lands shall after such date continue to be recoverable from the landowner, landlord or other person by whom they were payable and may, without prejudice to any other mode .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3320
..... a majority of not less than two-third of the whole number of members of the committee; (2) it shall be in accordance with the rules made under the act; (3) in the case of a property vested in it by the government, the transfer can be made only with the sanction of the government; and (4) the sale is not exempted by the government, by general or special order, from the operation of section 77 of ..... conditions and limitations as may be prescribed;(2) the bda shall have power to lease, sell or transfer any movable or immovable property which belongs to it;(3) and to appropriate or apply any land vested in or acquired by it;(4) for the formation of open spaces;(5) or for building purposes;(6) or in any other manner for the purpose of any development scheme.therefore, there are three kinds ..... third of the whole number of members and in accordance with rules made under this act, and no committee shall transfer any property which has been vested in it by the government except with the sanction of the government;provided that nothing in this section shall apply to lessee of immovable property for a term not exceeding three years. ..... distinction is made, between two kinds of properties viz:(i) with regard to moveable or immoveable property which belongs to the bda; and(ii) with regard to the property vested in or acquired by it for formation of open spaces or for building purposes of any development scheme.his submission is that no distinction is permissible between the two kinds of properties .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1991Kant249; ILR1991KAR65
..... such terms and conditions as that government may think fit to impose, direct, by notification, that the right, title and interest and the liabilities of esso in relation to any undertaking in india shall instead of continuing to vest in the central government, vest in the government company either on the date of the notification or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the notification. ..... section 7 specifically provides that right, title and interest and the liabilities of esso in relation to its undertakings in india shall instead of continuing to vest in the central government, vest in the government company either on the date of the notification or on such earlier date and not being a date earlier than the appointed day as may be specified in the notification issued by the central ..... sub-section (2) further provides that where the right, title and interest and the liabilities of esso in relation to its undertakings in india vest in a government company under sub-section (1) the government company shall, on and from the date of such vesting, be deemed to have become the owner, tenant, or lessee, as the case may be, in relation to such undertakings, and all the rights and liabilities of the central government in relation to such undertakings ..... subsection (4) is not relevant for our purpose but this also goes to indicate that the vesting was to such an extent that no sooner the act came into force, wherever esso was .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1867; 1995(2)KarLJ472
..... grant, specifically to any one right to excavate or right to mines or quarry given by or on behalf of the government, then the general principle of law to the effect that right to mines and minerals shall expressly vest in the state government, may not apply, otherwise, if there is no case pleaded by the party to the effect that under some special law or under the terms of grant itself, he had been granted the right ..... be that as regards the government lands which have been granted by the government or on behalf of the government ordinarily, the rights with respect to the mines, minerals and mineral products shall vest absolutely in the state government and the state government has been given right and power which are necessary for its enjoyment and disposal of such rights subject to provisions of mines and minerals ( ..... of section 70 as well as the law laid down by the full bench decision of this court referred above, right to mines and mineral products absolutely remains vested with the government and as such, petitioner did not get any such right to excavate anything from the sub-soil or any mineral products of the sub-soil ..... the terms of any grant made, or any other instrument of transfer executed by or on behalf of the government for the time being, the right to mines, minerals and mineral products shall vest absolutely in the state government and the state government shall, subject to the provisions of the mines and minerals (regulation and development) act, 1957 (central act no. .....
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