Karnataka High Court
Chandrashekar vs The State Of Karnataka on 14 October, 2020
Author: Abhay S. Oka
Bench: Abhay S. Oka
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER 2020
PRESENT
THE HON'BLE MR. ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.10539 OF 2020 (GM-MMS)
BETWEEN:
CHANDRASHEKAR
S/O BASAPPA ANGADI
AGED ABOUT 58 YEARS
OCC: AGRICULTURAL AND BUSINESS
R/O NO.1881
VEERABHADRESHWAR NAGAR
YARAGATTI
SAVADATTI TALUK
BELAGAVI DISTRICT - 591 129.
...PETITIONER
(BY SRI. SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF REVENUE
VIKASA SOUDHA, BENGALURU
BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER
BELAAGAVI DISTRICT
BELAGAVI - 590 001.
3. THE DEPUTY DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
2
APMC, SANGAMESHWAR NAGAR
BELAGAVI - 590 001.
...RESPONDENTS
(BY SRI. I THARANATH POOJARY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-2 TO CONSIDER THE APPLICATION DATED
19.03.2019 AND 24.12.2019 FILED BY THE PETITIONER FOR
SEEKING DEEMED CONVERSION ORDER IN RESPECT OF
PORTION OF THE LAND BEARING SY.NO.625/7C MEASURING 3
ACRES 20 GUNTAS OUT OF 4 ACRES 35 GUNTAS SITUATED
AT SATTIGERI VILLAGE, SAVADATTI TALUK, BELAGAVI
DISTRICT, UNDER SECTION 95(9) OF KLR ACT FROM
AGRICULTURAL TO NON AGRICULTURAL PURPOSE I.E., FOR
CARRYING ON QUARRYING OPERATION AND FURTHER
DIRECT THE REVENUE AUTHORITIES TO COLLECT THE
NECESSARY CONVERSION FINE / CHARGES AS PER RULE 107
OF KARNATAKA LAND REVENUE RULES IN THE ENDS OF
JUSTICE AND EQUITY (ANNEXURE-E AND G).
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioner.
Issue notice. The learned Additional Government Advocate waives notice for the respondents. Taken up for hearing forthwith.
2. The petitioner applied for deemed conversion under sub-section (9) of Section 95 of the Karnataka Land Revenue 3 Act, 1964 (for short 'the said Act of 1964'). The application for deemed conversion was made by pointing out that an application for grant of quarrying lease under the Karnataka Minor Mineral Consession Rules, 1994 was pending. By Endorsement Order at Annexure-F, the said application has been rejected as per the report of the Tahsildar and Town Planning Authority.
3. The issue is covered by decision of this court dated 21st November 2019 in W.P.No.35133/2019. Paragraphs 6 to 8 of the said decision reads thus:
"6. We have considered the submissions. Sub-section 9 of Section 95 of the said Act reads thus:
(9) Whenever any occupant of land assessed or held for purpose of agriculture wishes to divert such land or any part thereof for the purpose of quarrying of minor minerals, whether specified or non specified in accordance with the rules governing quarrying of minor minerals or stone crushing activity under the Karnataka Regulation of Stone Crushers Act, 2011 (Karnataka Act No.8 of 2012) 4 shall make an application along with the fine applicable to the Deputy Commissioner for diversion 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 under the said enactments.
(underline supplied) Section 95 deals with the change of use of an agricultural land and the procedure for use of agricultural land for other purposes. Sub-section 9 is applicable if an occupant of the land held for the purpose of agriculture wishes to divert such land for the purpose of quarrying of minor minerals, whether specified or non specified, or stone crushing activity under the said Act of 2011. such occupant is required to make an application along with the fine applicable to the Deputy Commissioner for diversion of such land. Sub- section 9 provides that when such application is made along with the deposit of payment of fine, a permission for diversion of the said land shall be deemed to have been granted subject to obtaining lease or licence or working permission, as the case may be, for quarrying minor minerals or for stone 5 crushing activity. Thus, the grant of permission for diversion is automatic under sub-section 9 of Section 95 on an application being made for diversion along with the fine applicable to the Deputy Commissioner. If an application for conversion is made after making the payment prescribed fine, the conversion under Sub-section 9 is automatic, which cannot be stopped by any order passed by the Deputy Commissioner or any other Authority.
7. However, such conversion is subject to obtaining a lease or a licence or a working permission as the case may be, for the purpose of quarrying or for carrying on stone crushing activity. As such a deemed permission is subject to grant of a lease or a licence, the occupant can act upon such a deemed permission under Sub-section 9, only when a quarrying lease is granted if he wants to use the agricultural land for quarrying of minor minerals or only when a licence is granted to him under the said Act of 2011, when he intends to use the land for stone crushing activity. The occupant can commence the use of the agricultural land for quarrying or for stone crushing only when a lease or a licence as aforesaid is granted.
68. If an application is made by the petitioner after obtaining deemed permission under Sub- section 9 of Section 95 either for grant of a quarrying lease or for grant of a licence for stone crushing under the said Act of 2011 and the application for grant of quarrying lease or the application for licence, as the case may be, is rejected, the occupant cannot use the agricultural land for non agricultural purposes and it will continue to be a land for agricultural use. Thus, in short, if after a deemed conversion under Sub- section 9 of Section 95 is granted, the said permission becomes effective only after quarrying lease or a stone crushing licence, as the case may be, is granted. Merely because deemed conversion is obtained, the occupant does not ipso facto becomes entitled to use the said land for non agricultural purposes."
4. In view of the law laid down as aforesaid, there was no question of rejecting the application for deemed conversion.
Hence, the petition must succeed and we pass the following order:
(i) The impugned endorsement at Annexure-F is hereby quashed and set aside. The application 7 made by the petitioner for grant of deemed conversion is restored;
(ii) We direct the second respondent to communicate to the petitioner the conversion fine payable within a period of three weeks from today;
(iii) On payment of conversion fine by the petitioner, the conversion under sub-section (9) of Section 95 of the said Act of 1964 shall be deemed to have been granted to the petitioner;
(iv) We make it clear that notwithstanding the grant of deemed conversion, the petitioner will not be entitled to change the user of the said land unless he is granted a lease/license in accordance with the provisions of the Karnataka Minor Mineral Concession Rules, 1994.
(v) The petition is allowed on the above terms;
(vi) There will be no orders as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE RD