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1995 Supreme(Kar) 275

A.J.SADASHIVA
A. V. LAXMAN – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
ASHOK B.PATIL, H.S.Jois, K.SRIDHAR RAO, Shimoga Subbanna

A. J. SADASHIVA, J.

( 1 ) WHETHER respondents 2 and 3 have the authority of law to impose tax/fees/cess, in respect of Cauvery Water Supply III stage Scheme and to levy surcharge in respect of ring road being constructed by Bangalore Development Authority (for short 'b. D. A. '), to issue commencement certificate under Section 15 of the Karnataka Town and Country Planning Act, 1961 (for short 'the Planning Act') pursuant to the order made under Section 14 of the Planning Act, according permission to change in land use ? is the question in controversy in this petition.

( 2 ) THE petitioner is the owner of 1 acre 4 guntas of land in Sy. No, 22, Jakkasandra Village, Begur Hobli, Bangalore South taluk, having been reconveyed by the B. D. A. under an agreement dated 24-2-1979. The B. D. A. by order dated 9-8-1979 sanctioned permission for the development of the said land for industrial purposes for construction of a factory subject to certain conditions. It is stated by the petitioner that, accordingly he was using the said land for industrial purpose. That in the years 1989 and 1991, the petitioner applied to the third respondent for permission for change in land use of the aforesaid la










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