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2020 Supreme(Kar) 1792

R.DEVDAS
MOOGAMBIGAI CHARITABLE AND EDUCATIONAL TRUST – Appellant
Versus
STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY – Respondent


Advocates Appeared:
SRI A.S.PONNANNA, A SAMPATH, ADVOCATE
SRI H. K. BASAVARAJ, SRI SUBRAMANYA, SRI K KRISHNA, ADVOCATE

ORDER :

R. DEVDAS J., (ORAL):

The petitioner Trust has constructed a building where it is presently running a Medical College, Engineering College, Dental and Nursing School. The entire area where the institutions are being run measures about 38 acres and 21 guntas including karab.

2. It is the contention of the petitioner that the State Government, in fact, granted permission under a notification dated 02.05.2003 to purchase agricultural lands, under the provisions of Karnataka Land Reforms Act. Thereafter, the lands were converted to nonagricultural purposes. The permission was granted under Section 109 of the Karnataka Land Reforms Act, since the petitioner requested that it is interested in putting up educational institutions in the land in question. It is the contention of the petitioner that at the relevant point of time, the lands fell within the administrative control and jurisdiction of Kumbalgodu Gram Panchayat and therefore, it applied for sanction of building plans, for construction of Medical College, Hospitals, Engineering College etc. The Panchayat sanctioned the building plans on 19.02.2003 authorising construction of ground plus six floors.

3. The learned Senior Cou

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