Allowed

Sri M B Rudramuni v. the State of Karnataka

Karnataka HC4 Mar 2016WP/3846/2016

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed writ petitions challenging the State Government's demand for land value during conversion. The court held that for kharab lands not used for public use, the State cannot collect market value, only the conversion fee as per relevant rules.

What did the court decide?

The petitions were allowed; the State Government directed to consider conversion application after collecting only the conversion fee and other charges excluding land value.

Sri M B Rudramuni Vs the State of Karnataka — Land Acquisition | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 04^TH DAY OF MARCH 2016

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BEFORE

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THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION Nos.3846-3847 OF 2016 (KLR-RES)

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BETWEEN:

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Sri. M.B.Rudramuni, Son of Late M. Basappa, Aged about 42 years,

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Sri. M.B.Rajendra, Son of Late M. Basappa, Aged about 40 years,

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Both residing at No.245, 4^th Main, Sunderram Shetty Nagar, Bilekanahalli Post, Banneraghatta Road, Bangalore 560 076.

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…PETITIONERS

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(By Shri Satish .R, Advocate for Shri M.S.Bhagwat, Advocate)

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AND:

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The State of Karnataka,

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Represented by its Principal Secretary, Revenue Department, M.S.Building, Bangalore 560 001.

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The Deputy Commissioner, Bangalore Urban District, K.G.Road, Bangalore 560 001.

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…RESPONDENTS

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(By Shri A.G.Shivanna, Additional Advocate General along with Shri H. Venkatesh Dodderi, Additional Government Advocate for Respondents)

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These Writ Petitions filed under Article 226 of the Constitution of India, praying to call for records from the respondents and to direct the second respondent to grant conversion order for residential purposes after accepting conversion fine amount as prescribed under Rule 107 of Karnataka Land Revenue Rules in respect of land inSy.No.64/2 measuring 10 guntas of a kharab land and in Sy.No.48/3 measuring 15 guntas of a kharab land situated at Yelenahalli Village, Begur Hobli, Bangalore South Taluk, Bangalore and without insisting for market value of the property on such land for conversion.

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These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group this day, the court made the following:

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ORDER

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The controversy in this petition is whether the State Government is justified in claiming that the value of the land classified as kharab under Section 21(2)(a) of the Karnataka Land Revenue Rules, 1966 (Hereinafter referred to as the ‘KLR Rules’, for brevity) would be justified. The provision of law is clear that insofar as the lands classified as uncultivable and not assessed to revenue, but not used for any public use, are kharab lands classified under Section 21(2)(b) of the KLR Rules and it would not be open to the State Government to demand the value of the land as the land obviously belonged to the land owner. Consequently, the State Government also having informed the Deputy Commissioner that the value of the land cannot be collected, the petitioner being called upon to pay the value of the land is not in accordance with law.

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Consequently, the petitions are allowed. The State Government may consider the application for conversion of

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land after collecting the conversion fee and such other charges not including the value of the land, as proposed.

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Sd/JUDGE

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Sri M B Rudramuni v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri M B Rudramuni v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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