Heard the learned Counsel for the petitioner and the respondents.

1. 2. The petition coming on for preliminary hearing is considered for final disposal having regard to the facts and circumstances.

2. 3. Thefacts of the case are as follows.

The petitioner is the owner of 4 acres 39 guntas in Survey No. 59 of Lakshmipura Village, Yeshwanthpura Hobli, Bangalore North Taluk. The land has been classified as consisting of pot kharab(a) land to the extent of 2 acres 10 guntas and the remaining land is 2 acres 29 guntas. The petitioner has been cultivating the entire land as owner thereof. The pot kharab(a) land is a part of survey number and is in his possession and is not reserved for any public purpose and had not been occupied by a road, footpath, tank or stream and neither used for a burial ground nor assigned for potteries. It is only classified as being unfit for agriculture. Nevertheless the petitioner is occupying the entire land classified as pot kharab(a) for the purpose of threshing floor and other uses for the better cultivation of the remaining land. The petitioner also claims to be the owner of the land in Survey No. 50 measuring 30 guntas of agricultural and 10 guntas of pot kharab, which is classified as pot kharab(b) land. The petitioner has not been using pot kharab(b) portion of the land for any purpose of agriculture.

The petitioner seeking to divert the land in the entire survey numbers above mentioned for the purpose of residential use had applied to the second respondent, for permission seeking conversion of land for residential purpose. By his notice dated 25-7-2008, the second respondent has demanded a conversion fine of Rs. 54,450/- per acre and in respect of 2 acres 10 guntas of kharab

(a) land, payment of market value of land at Rs. 38 lakh per acre.

The petitioner contends that according to the notice, the conversion fine demanded at the prescribed rate is limited only to the arable agricultural land and insofar as the unarable portion of 2 acres 10 guntas is concerned, the demand is for payment to the Government of the market value of the land as notified. The petitioner being aggrieved by this excessive demand has preferred this petition.

4. TheCounsel for the petitioner would submit that the relevant provisions under the Karnataka Land Revenue Rules, 1966 and the provisions of Karnataka Land Revenue Act, 1964 would be Rule 21, which provides for classification of lands. Sub-rule (2) of Rule 21 reads as follows.

"Rule 21. Classification

.(2) During the process of classification land included as unarable shall be treated as “pot kharab". Pot kharab lands may be classified as follows.

.(a) That which is classified as unfit for agriculture at the time of survey including the farm buildings or threshing floors of the holder;

.(b) That which is not assessed because, (i) it is reserved or assigned for public purpose; (ii) it is occupied by a road or recognised footpath or by a tank or stream used by persons other than the holders for irrigation, drinking or domestic purposes; (iii) used as burial ground or cremation ground;

.(iv) assigned for village potteries”.

It is stated that at the time of survey and settlement of land records, the pot kharab portion of the land in the survey number was so classified as unarable under Rule 21(2)(a) and this is how it has been referred to in the RTC extracts, which is at Annexure-A to the petition.

The Counsel would then draw attention of this Court to Rule 107 of the Rules, which is extracted herein for ready reference.

"Rule 107. Levy of fine for conversion of agricultural land for non-agricultural use.—The amount of fine which may be levied under sub-section (7) of Section 95 shall be at the rates specified in the table below, namely.

TABLE

The Counsel would contend that it is therefore clear that the conversion and fine prescribed do not make any distinction between an arable portion of land and an unarable portion of land. The petitioner as an occupant of