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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A. PATIL
State Of Karnataka, Rep. By Its Principal Secretary, Government Of Karnataka, Revenue Department – Appellant
Versus
T.N. Hemanth, S/o. Late T.K. Nagaraj – Respondent
| Table of Content |
|---|
| 1. conversion fees for 'a' kharab land. (Para 2) |
| 2. arguments regarding market value payment. (Para 3 , 4) |
| 3. court's analysis on kharab land ownership. (Para 5 , 6 , 9) |
| 4. judicial interpretation of land classifications. (Para 7 , 8) |
| 5. rejection of appeal and refund ordered. (Para 10) |
JUDGMENT :
VIJAYKUMAR A. PATIL, J.
This intra Court appeal is filed under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 19.09.2022 passed by the learned Single Judge in W.P.No.59394/2016 (KLR-RES).
2. The brief facts leading to filing of the appeal are that the respondent is the owner of the land bearing Sy.No.73/1 measuring 1 acre 20 guntas and 9.08 guntas of 'A' kharab land situated at Doddakallasandra Village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore District. He sought conversion of 9.08 guntas of 'A' kharab land. The appellant No.2 issued an endorsement dated 01.02.2014 directing the respondent to pay Rs.47,50,000/- i.e. the market value of 9.08 guntas of 'A' kharab land. The respondent paid the said amount and conversion order was issued which was later challenged and a refund was sought. The learned Single Judge, after considering the materi
Only conversion charges can be levied for converting 'A' kharab land to non-agricultural use, not market value, as established by the court's interpretation of relevant statutes.
The distinction between 'Old agreement' and 'Old tenure' land is crucial in determining premium obligations for land conversion under the Gujarat Land Revenue Code.
Point of law : in case of a diverted land, the requirement of obtaining the permission under Section 4(2) of the Act does not arise as the permission has to be obtained only in respect of 'granted la....
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