AN AGREEMENT MADE on this 4th day of January, One thousand Nine hundred and eighty eight (04-01-1988) between the Hon. Secretary, Karnataka State Judicial Department Employees House Building Co-operative Society Ltd., High Court, Bangalore 560 001 hereinafter called the Society which expression shall unless excluded by or repugnant to the context, be deemed to (include its successors and (assignee) of the one part and Governor of Karnataka on the other part.
And whereas the Society has applied to the Government of Karnataka (hereinafter referred to as THE GOVERNMENT ) that certain land more particularly described in the schedule hereto annexed and hereinafter referred to as THE SAID LAND should be acquired under the provisions of the land acquisition act 1984 ( I of 1984 ) hereinafter referred to the THE SAID ACT for the following purpose namely : formation of sites and construction of houses for the members of the Karnataka state Judicial Department Employees House Building Co-operative Society Ltd.,
And whereas the Government having caused in inquiry to be made in conformity with the provisions of the said Act, and being satisfied as a result of such inquiry that the acquisition of the said land is needed for the purpose referred to above, has consented to the provisions of the said act being put in force in order to acquire the said land for the benefit of the society members to enter into an agreement hereinafter with the Government.
Now these present witness and it is hereby agreed that Government shall put in force the provisions of the said Act, in order to acquire the said land for the benefit of the Society members on the following conditions, namely:
1) The society shall pay to the Government the entire cost as determined by the government for the acquisition of the said land Section50 [011.02], including all compensation damaged, costs, charges and other expenses whatsoever, which have been or may be paid or incurred in respect of the or a n account such acquisition or in connection with any litigation arising out of such acquisition either in the original or Appellate courts and including cost on account of any establishment and salary or any officer or officers of the Government where the Government may think it necessary to apply to depute on Special duty for the purpose of such acquisition and also including the percentage charges on the total amount compensation awarded as prescribed by the Government. The monies which shall be payable by the Society under this clause shall be paid to the Special Deputy Commissioner, of Bangalore (hereinafter called the Special Deputy Commissioner ) within 14 days after demand by the Special Deputy Commissioner shall from time to time estimate to be required for the purpose of paying or disbursing any compensation, damages, costs, charges or expenses herein before referred to, for which the company has made provision in their finance.
2) On payment of the entire cost of the acquisition of the said land, as hereinafter referred to the whole of the said land shall as soon as conveniently may be transferred to the society at cost in every respect of the society so as to vest in Company subject to the provisions of the Karnataka Land Revenue Act, (hereinafter called the said Act ) and the rules made there under subject also to the provisions of this agreement as to the terms on which the land shall be held by the society.
3) The said land when so transferred to and vested in the society shall be held by the society as its property to be used only in furtherance and for the purpose for which it is acquired subject nevertheless to the payment of agricultural, non-agricultural, or other assessments if and so far as the said land is or may from time to time be liable to such assessment under the previsions of the said act and the rules made thereunder, and the local fund cases, as the case may be,
4) The Society shall :
5) The society shall from time to time and at all times permit the Government or any officer or officers authorised by the Government in that behalf to inspect the said land whether in the course of construction or otherwise and shall furnish to the Government from time to time on demand correct statements of the monies spent by society upon its said land.
6) In the case of the said land is not need for the purpose for which it is acquired as here in before recited or is used for any other purpose in cause the Society commits a breach of any of the conditions there of the said land together with the buildings, if any, created thereof shall be liable to resumption by the Government subject however to the conditions that the amount spent by the Society for the acquisition of the said land or its value as undeveloped land at the time of resumption, whichever is less (but excluding ) the costs of value of any improvements made by the Society to the said Land or on any structures standing on the said Land shall be paid as compensation to the Society.
Provided that the said land and the buildings, if any, erected thereon shall not be so resumed unless due notice of the breach complained of has been given to the Company and the Society has failed to make good the breach or to comply with any directions issued by the Government in this behalf within the time specified on the said notice for compliance therewith.
7 ) If any time or times, the whole or any part of the said land is required by Government or the purpose of making any new public roads or for any purpose connected with public health, safety, utility or necessary the Company on being required by the Government in writing shall transfer to the Government the whole or part of the said land as Government shall specify to the necessary for any of the aforesaid purpose of the Society a sum equal to the amount of the compensation awarded, under the said act and paid by the Society in respect of the Land so transferred including the percentages awarded under Section 23(2) of the said act, together with such amount as shall be estimated by the Society whose decision in the matter shall be final, as to the cost of the development of the land so transferred which shall including the value at the date of transfer of any structures standing thereon and when part of a building is on the Land so transferred and part is on an adjoining land, reasonable compensation for the injuries effect of the part of the building on the adjoining land.
8) (a ) The Deputy Commissioner,/Special Deputy Commissioner shall make to taken contribution towards the compensation framed by Assistant Commissioner, special Land Acquisition officer at the rate of Rs. 100/- in respect of each land acquisition case of the Society.
( b ) The Special Deputy Commissioner shall after taking over possession of the Land under Section
16 (1) Land Acquisition Act and before handing over possession of the lands to the Society should report to the Government, the fact of having taken physical possession of the land for clearance of Government. The society should agree unconditionally to pay the compensation as awarded or if enhanced by the court of law and if the court decided in favour of the owners.
( c ) The society shall not from the layouts without getting the plan approved by the Town planning Wing of Bangalore Development Authority keeping in view the zoning regulation. In respect of places other than Bangalore, the approval of planning Authority, Municipality as the case may be shall be obtained.
( d ) In case of violation of any of the conditions Government will be competent to resume the Lands acquired in favour of Society.
( e ) The expenditure incurred in this behalf shall be debited to the Head of Account 253 District Administration - 5, other Expenditure E, Acquisition of land on behalf of other acquiring bodies (non-plan).
S C H
E D U L E
In witness whereof the parties have affixed their respective hand and the seal and on behalf of the Government of Karnataka on the day, month and year first above mentioned.
For and on behalf of the Society.S C H E D U L E
istrict - Bangalore, Taluk - North Hobli - Yelahanka
A B S T R A C T
1 ) VILLAGE " ALLALASANDRA "