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Search Results Judgments > Act:KARNATAKA LAND REFORMS ACT 1961 Section 79A

Jan 20 2012

Smt. Rasheeda Ishrath Mab. Wo. Shafiq ur Rehman. Vs. The State of Karn ...

  • Decided on : 20-Jan-2012

Court : Karnataka

... through registered sale-deeds dated 10.4.1996 and 17.4.1997 vide Annexures-W and B'. Thereafter, the Assistant Commissioner, Bangalore North Taluk, initiated proceedings under sections 79A and 79B of the Karnataka Land Reforms Act and passed order dated 21.9.2004 in LRF(l)63/2002-03 against the petitioner. The petitioner preferred an appeal before the Appellate Tribunal. Bangalore, ... notification under section 28 (1) of the Act proposing to acquire several lands including the land in question. The second respondent had issued notice to the kathedars. whose addresses were available. Accordingly, notice dated 21.4.2003 was issued under section 28(2) of the Act to the petitioner by Muddam. As the petitioner was not residing in the village or in the land ... any objections. Therefore, order was passed under section 28(3) of the Act. It is stated, the land is needed for public purpose i.e.. for HMKT and therefore. included in the final notification under section 28(4) of the Act. It Is stated, during 2008. the petitioner made in a I tempt to dig the land and tried to put up unauthorised construction ... (BMICP). Several lands at Bangalore Urban. Bangalore Rural. Ramanagara, Mandya and Mysore districts were notified. The acquisition of lands for BMICP was talk of the town and big news in daily newspapers and electronic media. 7. It is stated, the State had issued preliminary notification under section 28 (1) of the Act proposing to acquire several lands including the land in question. ...

Aug 12 2008

K.A. Devaraj Vs. The District Commissioner and Ors.

  • Decided on : 12-Aug-2008

Court : Karnataka

Reported in : ILR2008KAR5051; 2008(4)KCCR2773(DB)

... Section 79-A and B of the Karnataka Land Reforms Act, was without noticing the said conversion orders. Learned Advocate General made available for our perusal, the file relating to the passing of the said conversion orders.11. From a perusal of the file, it became evident that, the land ... lands in favour of M/s Dominion Chemical Industries Ltd. was on 5.7.1995 under two different sale deeds. As such the order passed on 18.8.1997 by the Assistant Commissioner in exercise of the jurisdiction under Section 79-A and B of the Karnataka Land Reforms Act ... Act, 1971.In the affidavit dated 17.6.2008 filed by the respondent, it is stated that, though the land of the employer/management was forfeited in the year 1997 itself by the Assistant Commissioner under the provisions of the Karnataka Land Reforms Act ... Karnataka Land Reforms Act, was without noticing the said conversion orders. Learned Advocate General made available for our perusal, the file relating to the passing of the said conversion orders.11. From a perusal of the file, it became evident that, the land was converted for non agricultural use on 21.4.1995 and 5.5.1995 and the sale of the said lands ...

Aug 16 1993

Vijayakumar Shankarayya Sardar Vs. State of Karnataka

  • Decided on : 16-Aug-1993

Court : Karnataka

Reported in : ILR1993KAR2586

... by the provisions of Section 79A of the Karnataka Land Reforms Act (hereinafter called as 'the Act' for short) as the income of the petitioner is more than Rs. 12,000/- from non-agricultural sources. The correctness of the said order is called in question. The petitioner is also calling in question the constitutional validity of Sections 79A, 79-B and 79-C of the Act as violative of Article ... the Karnataka Land Reforms Act (hereinafter called as 'the Act' for short) as the income of the petitioner is more than Rs. 12,000/- from non-agricultural sources. The correctness of the said order is called in question. The petitioner is also calling in question the constitutional validity of Sections 79A, 79-B and 79-C of the Act as violative of Article 14 of the Constitution.2. Section ... ORDERRajendra Babu, J.1. The petitioner purchased land comprised in R.S.No. 78/2 of Dombargop measuring about 10 acres 03 guntas on 7.4.1982. The Assistant Commissioner made an order on 5.4.1991 holding that the transaction in question is hit by the provisions of Section 79A of the Karnataka Land Reforms Act (hereinafter called as 'the Act' for short) as the income of ... OF KARNATAKA AND TWO ORS., W.P.No. 16976 of 1986 DD. 20.12.1991, contended that the provisions of Act 1 of 1991 are prospective in operation and therefore the benefit of the provisions of Section 79A as amended by Act 1 of 1991 cannot be given to persons who have purchased properties prior to 5.2.1991 on which date the Amending Act (1 ...

Jun 20 2008

Sri M.C. Venkatesh Vs. The Tahsildar and Ors.

  • Decided on : 20-Jun-2008

Court : Karnataka

Reported in : ILR2008KAR4800

... /- has acquired 0-12 guntas of agricultural land in Sy. No. 25/5 of Dasanapura village, Bangalore North Taluk (hereinafter referred to as 'land') in contravention of the provisions of Sections 79A, 79B and 80 of the Karnataka Land Reforms Act, (hereinafter referred to as 'Act' for short) and requested for forfeiting the land in favour of the Government.4. That on ... Act, 1961 (Central Act 43 of 1961) on an yearly total income of not less than rupees (two lakhs) for five consecutive years shall be deemed to have an average annual income of not less than rupees (two lakhs) from sources other than agricultural lands.8. If a person or a family or a joint family acquires an agricultural land in contravention of the provisions of Section ... Section 79-A of the Act, which reads thus:79-A, Acquisition of land by certain persons prohibited (1) On and from the commencement of the (the Karnataka Land Reforms (Amendment) Act 1905), no person who or a family or a joint family which has an assured annual income of not less than rupees (two lakhs) from sources other than agricultural lands shall be entitled to acquire any land ... land. He invited my attention to Section 79-A of the Act, which reads thus:79-A, Acquisition of land by certain persons prohibited (1) On and from the commencement of the (the Karnataka Land Reforms (Amendment) Act 1905), no person who or a family or a joint family which has an assured annual income of not less than rupees (two lakhs) from sources other than agricultural lands ...

Jun 20 1974

Bhaskar Krishnaji Vs. The State of Karnataka and Ors.

  • Decided on : 20-Jun-1974

Court : Karnataka

Reported in : AIR1975Kant55; 1974(2)KarLJ509

... lands which a land-holder can possess at 48 acres. But the said provision had however not been brought into operation. After the re-organization of States, the Legislature of the State of Karnataka passed Karnataka Land Reforms Act, 1961 (Act 10 of 1962) (hereinafter referred to as the Act). It was brought into force on 2-40-1965. The Act was amended by Karnataka Act 14 of 1965. The provisions of the Act ... Section 32-KK of Pepsu Tenancy and Agricultural Lands Act. Section 32-KK, the validity of which was impeached read as follows.-'Notwithstanding anything contained in the Act or in any other law for the time being in force- (a) where, immediately before the commencement of this Act, a land-owner and his descendants constitute a Hindu undivided family, the land ... organization of States, the Legislature of the State of Karnataka passed Karnataka Land Reforms Act, 1961 (Act 10 of 1962) (hereinafter referred to as the Act). It was brought into force on 2-40-1965. The Act was amended by Karnataka Act 14 of 1965. The provisions of the Act as amended by Act 14 of 1965 were questioned before the Supreme ... Lands Act was in force. Under the said Act a ceiling had been imposed on the extent of agricultural lands which a land-holder can possess at 48 acres. But the said provision had however not been brought into operation. After the re-organization of States, the Legislature of the State of Karnataka passed Karnataka Land Reforms Act, 1961 (Act 10 of 1962) (hereinafter referred to as the Act ...

Jun 16 2004

B. Bennari Vs. State of Karnataka by its Secretary to Revenue Departme ...

  • Decided on : 16-Jun-2004

Court : Karnataka

Reported in : ILR2004KAR4353

... . The subject matter of dispute is land bearing Sy. No. 108/3 situated at Mysore Village, Mysore Taluk, measuring 3 acres 10 guntas. In respect of this land two applications were filed in Form No. VII for grant of occupancy rights under Section 48A of the Karnataka Land Reforms Act (hereinafter for short, called as 'the Act'). One application was filed by one ... be dismissed. The purchasers got the land converted, got exemption from the purview of the Urban Land Ceiling Act. They have set up their industry. When proceedings were initiated by the Assistant Commissioner under Sections 79A and B of the Land Reforms Act and set aside the sale deed in their favour they preferred appeal to the Karnataka Appellate Tribunal and got the said ... Land Ceiling Act. They have set up their industry. When proceedings were initiated by the Assistant Commissioner under Sections 79A and B of the Land Reforms Act and set aside the sale deed in their favour they preferred appeal to the Karnataka Appellate Tribunal and got the said orders set aside. It is after all this the petitioner gives an application on 26.6.1988 to the Land ... Government under the provisions of the Urban Land Ceiling Regulations Act, 1976 is null and void. Subsequently, applications for amendment are filed seeking amendment of the prayer column to direct the sub-registrar to expunge the registration which he has done and for initiating action against the purchasers in view of the Karnataka Land Reforms Act and for other reliefs.11. ...

Aug 18 2006

P. Narayanappa and Anr. Vs. State of Karnataka and Ors.

  • Decided on : 18-Aug-2006

Court : Supreme Court of India

Reported in : AIR2006SC3001; JT2006(8)SC185; 2006(8)SCALE199

... land whereunder not only the land of promoters and directors of Vikas Telecom (P) Ltd. but also the land of the appellants, who are agriculturists, was acquired is clearly mala fide. This point has been considered in detail by the High Court and has been repelled. Initially, proceedings initiated under Sections 79A, 79B and 80 of the Karnataka Land Reforms Act, 1961 ... repelled. Initially, proceedings initiated under Sections 79A, 79B and 80 of the Karnataka Land Reforms Act, 1961 against Devi Das Garg, one of the promoters of the company were dropped by the order of the Assistant Commissioner dated 23.5.2001. The Assistant Commissioner passed an order of forfeiture of the land against Santosh Kumar Garg on 29 ... Karnataka Land Reforms Act were initiated against them, whereunder the land would have been forfeited to the State Government without payment of any compensation. In order to save their land, they manipulated with the Government and got their own land acquired whereunder they would be entitled to compensation. It is thus submitted that the whole proceedings for acquisition of the land whereunder not only the land ... had purchased agricultural land in the year 1995-96. They being not agriculturists, proceedings under the Karnataka Land Reforms Act were initiated against them, whereunder the land would have been forfeited to the State Government without payment of any compensation. In order to save their land, they manipulated with the Government and got their own land acquired ...

Oct 24 1986

K.M. Jose and Ors. Vs. D. Anantha Bhat

  • Decided on : 24-Oct-1986

Court : Karnataka

Reported in : AIR1987Kant173; ILR1986KAR4031

... following grounds.(1) That the suit agreement to sell was hit by S. 23 of the Indian Contract Act inasmuch as the enforcement of the agreement would result, in the breach of law, particularly the proviso to S. 79-A(l) of the Karnataka Land Reforms Act, 1961, and therefore, the Court could not and ought not to enforce it.(2) That the plaintiff had not ... Land Ceiling Act, would be an enforceable agreement because no exemption, had been obtained. An earlier Division Bench decision of that Court which had taken the view that such a contract was not enforceable was distinguished by the Full Bench in Shah Jitendra Nanalal's case : AIR1984Guj145 . 9. Therefore, we have independently examined the scope of S. 79-A(l) of the Karnataka Land Reforms Act ... inasmuch as the proviso to S. 80 of the Land Reforms Act enabled the Assistant Commissioner or other Officer authorised by the State Government to give permission to non-agriculturists to purchase the land. In other words enforcement of such agreement to sell would not in itself be an illegality unless action contemplated under the Land Reforms Act in terms of Ss. 82 and 83 actually ... to purchase the land. In other words enforcement of such agreement to sell would not in itself be an illegality unless action contemplated under the Land Reforms Act in terms of Ss. 82 and 83 actually takes place. In other words the ratio decidendi of that case is that until it has to be determined by the prescribed -authority under the Land Reforms Act that a ...

May 27 2011

M N PRIYADATTA SON OF M NARAYANADAS. Vs. THE STATE OF KARNATAKA AND OR ...

  • Decided on : 27-May-2011

Court : Karnataka

... though has described himself to be an industrialist is found to be in possession and is holding agricultural lands, which is prohibited in terms of Section 79A and B of the Karnataka Land Reforms Act, 1961, unless the petitioner is an agriculturist them self and if not has acquired lands for bona fide of agricultural operations. Fist the matter for further hearing on 17-22011. 9. ... ] having apprised the petitioner that in terms of the provisions of the Karnataka Land Revenue Act, 1964 [for short, the Act] and the Karnataka Land Revenue Rules, 1966 [for short, the Rules for granting permission in favour of petitioner to convert agricultural land mentioned in the application filed under Section 95(2) of the Act, the petitioner was required to pay the following chcu-ges: (i)3. ... neither entitled to an exemption from payment of conversion fine nor can utilize the conversion order without payment of conversion fine as per the provisions of Section 95(7) read with Section 107 of Karnataka Land Revenue Act, 1964 and industrial policy, if at all, is also for enabling reimbursement claim to be made on the implementation of the project proposed and for ... counter hitherto. But Sri Omkumar, learned AGA seeks to defend their' actions vociferously and has drawn my attention to the provisions of Section 95(2) of the Act and Rule 107 of the Rules and also the Karnataka New Industrial Policy 2009-2014 to submit that even if as described by Sri V B Shivakumar, learned counsel for the petitioner that ...

Feb 08 2010

S. Nagaraj (dead) by LRs. and Ors. Vs. B.R. Vasudeva Murthy and Ors. e ...

  • Decided on : 08-Feb-2010

Court : Supreme Court of India

Reported in : 2010(2)SCALE232

... Karnataka Inam Abolition Laws (Amendment Act) 1979 amended the Inam Abolition Act providing that the Tribunal constituted under Section 48 of the Karnataka Land Reforms Act, 1961 (for short `the Tribunal') instead of the Special Deputy Commissioner, Inam Abolition, will decide the claims for occupancy rights under the Inam Abolition Act ... Karnataka Land Reforms Act (for short `the Land Reforms Act'. He also submitted that Section 79A of the Land Reforms Act prohibits acquisition of any land by any person or a family or a joint family which has an assured annual income of not less than Rs. 2 lakhs from sources other than agricultural lands. He further submitted that Section 79B of the Land Reforms Act prohibits any person other than the person cultivating land personally from holding any land ... land could only be allotted for agricultural purposes and not for house sites under the Karnataka Land Reforms Act (for short `the Land Reforms Act'. He also submitted that Section 79A of the Land Reforms Act prohibits acquisition of any land by any person or a family or a joint family which has an assured annual income of not less than Rs. 2 lakhs from sources other than agricultural lands. He further submitted that Section ...

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