Allowed

Sri. Ashokbhai Hirjibhai Kansagara v. State of Karnataka

Karnataka HC6 Dec 2018WP/56697/2017

Case brief

AI extract

What is this about?

The Chief Justice allowed the writ petition, holding that conversion of land for quarrying is deemed granted under Section 95(9) of the Karnataka Land Revenue Act. The order is subject to the condition of the petitioner paying the applicable fine and obtaining necessary lease or license.

What did the court decide?

Permission for conversion of land deemed granted, subject to payment of fine and obtaining lease or license.

Sri. Ashokbhai Hirjibhai Kansagara Vs State… — Mining and Natural Resources | Karnataka HC (2018)

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W.P.No.56697/2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF DECEMBER, 2018

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PRESENT

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HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND

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HON’BLE MRS.JUSTICE S. SUJATHA

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WRIT PETITION No.56697 OF 2017 (GM – MM – S)

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BETWEEN:

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SRI. ASHOKBHAI HIRJIBHAI KANSAGARA S/o SRI. HIRIHI BHAI KANSAGARA AGED ABOUT 48 YEARS R/AT No.11, 1^ST MAIN, 1^ST STAGE K.H.B. COLONY, BASAVESHWARANAGAR BANGALORE-560079 REPRESENTED BY ITS GPA HOLDER SMT. B.M.LAKSHMI. ... PETITIONER

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(BY SRI B.S.PRAKASH, ADV.)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE-560001.

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES [MSME & MINES], VIKASA SOUDHA Dr. AMBEDKAR VEEDHI BANGALORE-560001.

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THE COMMISSIONER AND DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BANGALORE-560001.

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY

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W.P.No.56697/2017

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KANDAYA BHAVANA, [D.C’s OFFICE BLDG] RAMANAGAR-562127.

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THE DEPUTY COMMISSIONER AND LICENSING AUTHORITY UNDER THE KARNATAKA REGULATION OF STONE CRUSHERS ACT, RAMANAGAR-562127.

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THE ASSISTANT COMMISSIONER RAMANAGAR SUB-DIVISION RAMANAGAR-562127. ... RESPONDENTS

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(BY SRI VIKRAM HUILGOL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-5 TO ISSUE APPROPRIATE ORDER OF DEEMED NA CONVERSION IN RESPECT OF LANDS BEARING SURVEY NUMBER 16/18 OVER AN EXTENT OF 2.00 ACRES OF VENGALAPPANAHALLI VILLAGE, KASABA HOBLI, MAGADI TALUQ, RAMANAGAR DISTRICT AS PER APPLICATION/LETTER DATED 30.10.2017 PRODUCED AT ANNEXURE-J TO THE WRIT PETITION WHICH IS OWNED BY THE PETITIONER AND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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O R D E R

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Learned counsel for the petitioner submits that the similar nature petitions, including W.P.No.11780/2017, have been considered and allowed by this Court. The order dated 20.03.2017 passed in the said writ petition has been placed before us for perusal, that reads as under:

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“The Karnataka Land Revenue Act has been amended by insertion of sub-Section (9)

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W.P.No.56697/2017

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to Section 95 of the Karnataka Land Revenue Act, 1964, with effect from January 8, 2015. It contemplates that, where an application for conversion is made for the purpose of quarrying minor minerals, whether specified or nonspecified, the owner must apply along with the fine applicable to the Deputy Commissioner, for conversion of such land. On such application, the permission for diversion of such land shall be deemed to have been granted subject to obtaining lease or licence or working permission.

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2. In this case, the request was made on August 17, 2016. Mr.R.G.Kolle, learned advocate for the writ petitioner submits that fine has been deposited and the writ petitioner has the necessary permission.

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3. Hence, under the provisions of the sub-Section (9) of Section 95 of the said Act, the permission is deemed to have been granted in favour of the writ petitioner, subject to obtaining lease or licence or working permission of patta land.

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4. Therefore, the writ petition is allowed by recording that the permission for conversion is deemed to have been granted in favour of the writ petitioner.

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5. We make no order as to costs.”

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Learned High Court Government Pleader appearing for

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the respondents does not dispute the position that the subject matter of this petition stands covered by the order aforesaid,

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W.P.No.56697/2017

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but submits that such deeming provision in favour of the petitioner is always subject to deposit of the amount of fine.

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Learned counsel for the petitioner submits that the petitioner attempted to make payment against the alleged fine by way of demand draft, but the same was returned. In that regard, it would be expected of the authorities concerned that if the petitioner makes a representation, respective challan for making payment shall be issued within two weeks of making of the representation.

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Subject to the observations and the requirements aforesaid, this petition stands allowed in terms of the aforesaid order dated 20.3.2017, but subject to the condition of petitioner making payment of the amount of fine in accordance with law.

No costs.

Sd/CHIEF JUSTICE

Sd/JUDGE

Dvr:

Sri. Ashokbhai Hirjibhai Kansagara v. State of Karnataka

Case brief

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Sri. Ashokbhai Hirjibhai Kansagara v. State of Karnataka

Case brief

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