Failure to respond to a conversion application within statutory time leads to automatic approval under the Karnataka Land Revenue Act.

ORAL ORDER

(PER: HON'BLE MR JUSTICE M.I.ARUN)

The petitioner is said to be the owner of agricultural land described in the schedule to the writ petition. He applied for conversion of the same for non-agricultural purpose (commercial). Said application has been made on 04.08.2023. Section 95(2) of the Karnataka Land Revenue (Second Amendment) Act, 2022 (for short, ‘the Act’), provides that in case the Deputy Commissioner fails to inform the applicant of his decision on the application made for conversion of the land from agricultural to non- agricultural purpose within a period of thirty days from the date of receipt of said application, the permission applied for shall be deemed to have been granted.

2. Section 95(2) of the Karnataka Land Revenue (Second Amendment) Act, 2022 reads as under:

“"(2) If any occupant of a land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose, he shall submit an affidavit along with an application to the Deputy Commissioner in the manner as may be prescribed and if the diversion is sought,-

(i) In accordance with the use specified in the Master Plan duly published for the concerned land under the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), then the same shall be deemed to have been diverted subject to payment of prescribed fee under sub-section (7) and the Deputy Commissioner shall issue the order of approval accordingly within seven days from the date of receipt of the application:

Provided that, in case the Deputy Commissioner fails to give his decision and issue the order under this sub-section within fifteen days from the date of receipt of the application, the approval for diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall be certified and issued, after payment of fee prescribed under sub-section (7), in the manner as may be prescribed.

(ii) In case the Master Plan has not been published or the land is falling outside the local planning area, then the concerned authorities shall furnish their opinion within fifteen days from the date of receipt of the application. The Deputy Commissioner shall issue the approval for diversion for use as per the application, subject to the opinion furnished by the concerned authorities and subject to payment of the fee prescribed under sub- section (7):

Provided that, in case no opinion is furnished within the said period of fifteen days, it shall be deemed that the concerned authorities have no objection to the said diversion of land for use as per the application.

Provided further that, in case the Deputy Commissioner fails to give his decision and issue the order under this sub-section within thirty days from the date of receipt of the application, the approval for diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall certified and issued in the manner as may be prescribed subject to payment of fee prescribed under sub-section (7).

(iii) If any diversion is obtained with a false or wrong declaration or affidavit under this section, in addition to the criminal liabilities, the same shall be null and void upon order in this regard by the Deputy Commissioner. The conversion fee, if remitted, shall stand forfeited to the Government.

The land whose diversion for non-agriculture use was obtained by a false affidavit, the Deputy Commissioner may also issue an order for forfeiture of the said land to the Government.

(iv) In case a part of the survey number is sought to be diverted for non-agriculture use then prior pre-conversion sketch, approved by the Survey Settlement and Land Records Department, identifying the metes and bounds for the