Failure of the Deputy Commissioner to act within 30 days on land conversion leads to automatic approval under the Karnataka Land Revenue Act.

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

The petitioner is said to be the owner of 4 acres 3 guntas of land situated in Sy.No.80/*/5 of Haladakeri KH of Bidar taluka and district. Out of the said land petitioner has sought conversion of 23 guntas of land for non-

agricultural purposes.

2. It is submitted that the land falls outside the local planning area for which the master plan has not been published and the permission of the Deputy Commissioner is required for putting the land to non-agricultural use. Hence, he made the necessary application. In spite of receipt of the said application as early as 09.04.2025, it is submitted that even till today no order has been passed by the respondents.

3. It is submitted that as per Section 95 of the Karnataka Land Revenue Act, if the Deputy Commissioner fails to give the necessary permission within a period of 30 days from making the application, the land is deemed to be converted. Hence, the present writ petition is filed with the following prayer.

“Issue writ in the nature of mandamus directing the respondent to declare the land of the petitioner as non agricultural in pursuant to the application for conversion filed by the petitioner dated 09-04-2025 in affidavit No.983848 for land survey number 80/*/5 measuring 23 guntas out of 3 acres 3 guntas of agriculture land situated at Haladakeri KH of Taluka and District Bidar, the copy of which is at Annexure-B.”

4. Learned Additional Government Advocate is not in a position to dispute that the necessary application was made on 09.04.2025 and no orders have been passed till today.

5. Section 95 (2) of the Karnataka Land Revenue Act, 1964 reads as under:

“95. Uses of agricultural land and the procedure for use of agricultural land for other purpose.-

(1) xxxxx [(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) 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 No.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:

[Provided further that, no diversion of land for non-agricultural purpose shall be required, if agricultural land upto 2.00 acres is used for establishing new industries, 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) with approval of the State Government.]

(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