Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka Housing Board Act public purpose |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Karnataka Housing Board Act, 1962– ss. 24(2), 33(2) – Whether initiation of proceedings for acquisition of land for the purposes of the Karnataka Housing Board, invoking the power u/ s. 33(2) of the KHB Act, without the housing scheme being in existence or the housing scheme not having been sanctioned u/s. 24(2) thereof, would render such acquisition proceedings void and non-est – Held: Initiation of proceedings for acquisition invoking the power u/s. 33(2) of the KHB Act without the housing scheme being in existence or the housing scheme not having been sanctioned u/s. 24(2) thereof would not render such proceedings null and void –Unless sanction is obtained from the State Government for execution of any scheme therein, in terms of s. 24(2) of KHB Act, the actual act to complete the process, viz., execution shall not be effected thereon.Karnataka Housing Board Act, 1962 – Scheme of the Act – Discussed.Karnataka Housing Board Act, 1962 – s. 33(2) – Land Acquisition Act, 1894 – s. 3(f) –Whether L.A. Act stands modified in any manner by the KHB Act in respect any particular aspect or procedure – Held: A bare perusal of s. 33(2) itself would answer this question– Its latter limb contains ‘a deeming provision’–That is attracted only on establishing the foundational fact that the acquisition of land or interest therein is for the purposes of KHB Act – The said provision would show that upon establishing the same the acquisition of land concerned or interest therein, as the case may be, shall have to be deemed as an acquisition for the purpose within the meaning of L.A. Act, viz., s. 3(f) of the L.A. Act that defines “public purpose” – Therefore, in terms of the same L.A. Act stands modified by KHB Act to the extent mentioned. Practice and Procedure – Held: A judgment rendered with respect to the position obtained under a particular provision(s) in one enactment cannot be applied while dealing with a similar situation falling under a different enactment, unless parimateria provision(s) exist in that enactment, without looking into the facts and law. Word & Phrases– ‘execution’;‘execute’ – Meaning of – Discussed – Karnataka Housing Board Act, 1962 – ss. 24(2), 33(2). |
Judge | Hon'ble Mr. Justice C.T. Ravikumar |
Neutral Citation | 2022 INSC 762 |
Petitioner | The Karnataka Housing Board & Anr |
Respondent | State Of Karnataka & Ors |
SCR | [2022] 19 S.C.R. 998 |
Judgement Date | 2022-07-28 |
Case Number | 7011 |
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