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1985 Supreme(Kar) 328

DODDAKALE GOWDA
STATE OF KARNATAKA – Appellant
Versus
JAYASHREE – Respondent


DODDAKALE GOWDA, J.

( 1 ) ORDER dated 15-11-1982 of Special Deputy Commissioner, Bangalore, declining to accord permission for conversion of agricultural land into non-agricultural land under Section 95 of the Karnataka Land Revenue Act (hereinafter referred to as the 'revenue Act') has been set aside by the Appellate Tribunal as per impugned order with a further direction to accord sanction for conversion imposing such conditions as are permissible under law.

( 2 ) RELIEF sought for conversion of S. No. 16 situate at Uttarahalli Village, Bangalore South taluk, has been refused by the Special Deputy Commissioner, Bangalore solely on the ground 'land in question lies' in rural tract (agricultural zone) where no developments are permissible as per the approved Outline Development Plan (hereinafter referred to as 'odp' of Bangalore.

( 3 ) APPELLATE Tribunal has held that there is no justification to refuse permission when adjoining lands such as S. Nos. 15, 17 and 18 are permitted to be used as non-agricultural land and ground on which permission is refused will not fall within the ambit of Section 95 of Revenue Act. It is stated thus :" we would like to once again observe that suc
















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