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2025 Supreme(Online)(Kar) 16484
KARNATAKA HIGH COURT
PRADEEP SINGH YERUR, J
SRI. H. MARUTI S/O. YALLAPPA – Appellant
Versus
THE DEPUTY COMMISSIONER, DHARWAD DISTRICT – Respondent
WRIT PETITION NO. 102795 OF 2025 (KLR-CON)
For the Appellants/Petitioners: SRI. G.I. GACHCHINAMATH
For the Respondents: SRI. M.M. KHANNUR
Failure to act on land conversion applications within the stipulated time results in deemed approval under the amended Karnataka Land Revenue Act.
Headnote:(A) Karnataka Land Revenue Act, 1964 - Section 95 - Conversion of agricultural land to non-agricultural use - Petitioners sought conversion of land within city limits; application rejected by Deputy Commissioner without proper consideration - Court emphasized that under amended provisions, failure to act within stipulated time results in deemed approval for conversion. (Paras 2-6)
(B) Administrative Law - Duty of authorities - The Deputy Commissioner is mandated to follow due process and cannot reject applications without applying mind to the relevant provisions of law. (Paras 3-4)
Facts of the case:
Petitioners own land earmarked for residential use; applied for conversion which was rejected.
Findings of Court:
The Deputy Commissioner must accept application for conversion and act within the timeframe set by law.
Issues: Whether the Deputy Commissioner’s rejection was lawful and whether the provisions of the amended Act apply.
Ratio Decidendi: The court ruled that failure to decide on the application within the specified time constitutes a deemed approval for conversion as per the amended Act.
Result: Petition allowed.
| Table of Content |
|---|
| 1. petitioners own land earmarked for residential use. (Para 2) |
| 2. deputy commissioner failed to consider relevant provisions. (Para 3) |
| 3. failure to act within time leads to deemed approval. (Para 4 , 6) |
| 4. court mandates action within specified timeframe. (Para 5) |
| 5. petition allowed, directing conversion application acceptance. (Para 7) |
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
1. Heard learned counsel Sri.G.I.Gachchinamath for the petitioners. Learned AGA Sri. Madanmohan Khannur is directed to take notice for the respondent- State.
2. The petitioners are the owners of the land bearing Sy.No.22/15 measuring 4 guntas situated at Unkal, Hubballi, district Dharwad. It is submitted by the learned counsel for the petitioners that the land of the petitioners fall within the city limits and land has also been earmarked for residential purpose in the CDP, so also contends that the planning authority i.e., the Hubballi- Dharwad Urban Development Authority has issued the ‘Land Use Certificate’ with regard to the land of the petitioners being reserved partially for residential and partially for road. It is submitted that the petitioners had applied for conversion of the land from agricultural to non- agricultural purpose, but unfortunately the Deputy Commissioner rejected the application for conversion of the land without even applying his mind and without considering the fact that the land falls within the HDUDA authority limits. Aggrieved by the impugned order of rejection of the conversion of land from agricultural to non-agricultural use, the petitioners are before this Court.
3. It is the vehement contention of the learned counsel for the petitioners that the Deputy Commissioner ought to have acted under Section 95 of the Karnataka Land Revenue Act. However, this has not been done in the present case, thereby showing total non-application of mind and perversity in passing the impugned order. The Karnataka Land Revenue (Amendment) Act 2023 came into effect on 27.07.2023. As per the amendment of the Act in 2023, Section 95 (2)(i) & (ii) reads as under:
"2. Amendment of Section 95 .- In the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), for clauses (i) and (ii) of sub-section (2) of Section 95 , the following shall be substituted, namely:-
(i) The permission of the Deputy Commissioner shall not be required for diversion of lands for non-agricultural purposes, if such lands assessed or held for the purpose of agriculture, is as per the land use as 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):
Provided that, the prescribed fee under sub-section (7) shall be paid to the concerned Town Planning Authority at the time of obtaining requisite permissions from the Authority along with self declaration as may be prescribed.
(ii) 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 and if such lands are falling outside the Local Planning Area for which the Master Plan has not been published, the applicant shall submit an affidavit along with an application to the Deputy Commissioner in such manner as may be prescribed.
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 as prescribed under sub-section (7):
Provided that, if opinion is not 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 issues the order under this sub-section withi
