Karnataka High Court
Sri G Lakshminaraya vs The State Of Karnataka on 7 February, 2014
Author: Jawad Rahim
Bench: Jawad Rahim
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 7th DAY OF FEBRUARY 2014
BEFORE
THE HON'BLE Dr.JUSTICE JAWAD RAHIM
W.P. No. 5671/2014 (KLR-RES)
BETWEEN:
SRI .G. LAKSHMINARAYA
S/O. LATE GUNDAPPA
AGED ABOUT 55 YEARS
R/AT, BALEPURA VILLAGE
CHANNARAYAPATNA HOBLI
DEVANAHALLI TALUK - 562011
BANGALORE RURAL DISTRICT ... PETITIONER
(BY SRI. SHIVASHANKAR.K. ADV.,)
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIDHANA SOUDHA, AMBEDKAR VEDI
BANGALORE - 56001.
REP. BY, REVENUE DEPARTMENT SECRETARY
2. THE SPECIAL DEPUTY COMMISSIONER
KOLAR DISTRICT
KOLAR - 563101
3. THE ASSISTANT COMMISIONER
KOLAR SUB-DIVISION
KOLAR - 563101. ..RESPONDENTS
(SRI. D. ASWATAPPA, AGA FOR R1-R3)
2
THIS W.P. IS FILED PRAYING TO QUASH THE ORDER
PASSED BY THE R2 DTD. 18.1.2014 VIDE ANNEX-B.
THIS PETITION COMING ON FOR PRELIMINARY
HEARNG THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner claiming to be owner of the land bearing sy.No.267/3 measuring 2 acres 26 guntas and land in sy.No.267/4 measuring 2 acres 26 guntas situated at Vakkaleri village and Hobli, Kolar Taluk and District. has brought in question the order passed by the 2nd respondent vide Annexure-B dated 18.1.2014 directing the petitioner to pay the amount indicated therein valued as per the market value of the property in question for grant of conversion of the land from agricultural to non- agriculture purpose.
2. Sri. Aswatappa, learned Government Advocate takes notice for the respondents No.1 to 3.
3. Heard both sides.
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4. It is not disputes that the petitioner sought conversion of the land in sy.No.267/3 to an extent to 2 acres 26 guntas and land in sy.No.267/4 measuring 2 acres 26 guntas situated at Vakkaleri village and Hobli, Kolar Taluk and District from agricultural land to non- agricultural purpose and supported his claim of ownership through registered sale deed. possession certificate and revenue records in MR.NO.4/2009-10.
5. This application was favourably considered and order has been passed in his favour. But the Deputy Commissioner while passing the order as envisaged under section 95(2) of the Act, has determined the charges to be paid by the petitioner in a sum of Rs.2,49,32,396/- on the basis of market value and purporting to have fixed it under the provisions of 107 of the Karnataka Land Revenue Rules as charges.
6. Learned counsel for the petitioner rightly,in pointing out, the 2nd respondent has fixed the charges 4 based on the market value of the property against the mandate of rule 107 which reads thus:
107. Levy of line for conversion of agricultural land for non-agricultural use: The amount of the which may be levied under sub-section (7) of Section 95 shall be at the rates specified in the table below, namely:
TABLE Sl. Place Area Rate of Fine in Rupees per Squaremetre No. _____________________________ Residential Non-residential includes hotels, Resorts & Clubs etc. 1 2 3 4 5 1 Bangalore (Urban Municipal District) Corporation limits and all lands within a distance of 18 Kilometres from the Corporation limits and other places 13.45 43.04 2 Bangalore (Rural Lands District) situated within Municipal limit and 10.76 32.28 also other places 5 3 Mysore, Municipal Mangalore Corporation Shimoga, limits and all Bhadravathi lands within Belgaum a distance of Gulbarga and 12 Hubli Charwad Kilometres from the Corporation limits 8.07 16.14 4 Tumkur, Kolar Municipal Mandya limits and all Chitraduraga lands within Madikeri, a distance of Chikkamagalore 12 Hassan Bijapur, kilometres Karwar, Bidar, from the Bellary Raichur Municipal Hospet, K.G.F. limits Dandeli, Nippani, Rane-Bennur, Davanagere and Gadag-Betageri 5-38 10-76 5 All other Taluk Municipal head quarters limits and all lands within a distance of 5 kilometres from the Municipal limits 5-38 8-07 5 Other places ............. 2-18 5-38
6. Admittedly, the lands are situate at Vakkaleri village and Hobli, Kolar Taluk which is at sl.No.9 and as per the rate indicated in 4th table i.e., conversion of land 6 from agriculture to non-agricultural i.e., for residential use is fixed at Rs.5.38 per sq. meter or 10.76 sq. ft..
Therefore, the charges that could be levied in exercise of Rule 107 of the Rules shall be only as shown in the said table and cannot exceed the said rate. Whereas, in the impugned notice the amount is fixed on the basis of the market value of the property, hence same is quashed.
7. The petitioner is held liable to pay the amount of fine as indicated in rule 107 of the rules which the 2nd respondent shall determine, within two weeks after receipt of the copy of this order. The petition is disposed of accordingly.
Sri. Aswatappa, learned Government Advocate is permitted to file memo of appearance within three weeks.
SD/-
JUDGE Psg*