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Search Results Judgments > Act:KARNATAKA LAND REVENUE ACT 1964 Section 95 Page:6

Aug 02 2007

Pandurang Jivajirao Manglekar S/o. Jivajirao Manglekar (since deceased ...

  • Decided on : 02-Aug-2007

Court : Karnataka

Reported in : ILR2007(3)KAR3602; 2008(1)KarLJ366; 2007(6)AIRKarR147

... non-agricultural land if no order under Section 95 of the Karnataka Land Revenue Act is passed. The obvious purpose of Section 95 of the Karnataka Land Revenue Act is to prevent indiscriminate conversion of agricultural land into non-agricultural land and to regulate and control the conversion of agricultural land into non-agricultural land. Section 83 of the Land Revenue Act provides for different rates of assessment for agricultural and non-agricultural land. That provision strengthens the presumption that agricultural land is ... . The land cannot be deemed to be a non-agricultural land if no order under Section 95 of the Karnataka Land Revenue Act is passed. The obvious purpose of Section 95 of the Karnataka Land Revenue Act is to prevent indiscriminate conversion of agricultural land into non-agricultural land and to regulate and control the conversion of agricultural land into non-agricultural land. Section 83 of the Land Revenue Act provides for different rates of assessment for agricultural and non-agricultural land. That ... land. The matter has to be viewed as it stood on the appointed day i.e., 1.3.1974. The land cannot be deemed to be a non-agricultural land if no order under Section 95 of the Karnataka Land Revenue Act is passed. The obvious purpose of Section 95 of the Karnataka Land Revenue Act is to prevent indiscriminate conversion of agricultural land into non-agricultural land and to regulate and control the conversion of agricultural land ...

Sep 26 1999

C. Kenchappa and Others Vs. State of Karnataka and Others

  • Decided on : 26-Sep-1999

Court : Karnataka

Reported in : 2000(4)KarLJ1

... Karnataka Land Revenue Act which governs about the land revenue in the State provides that a gomal land cannot be changed for any other purpose, except with prior permission of the authority concerned. Under Section 71 of the KLR Act, power is given to the Deputy Commissioner to reduce or increase the gomal land (grazing land) according to the exigencies of requirement for providing house sites to weaker sections ... land by weaker sections of the people and SCs/STs and assign the land to them. But, there is no power to the Deputy Commissioner to allot the agricultural land or gomal land to industrial purpose without conversion as provided under Sections 95 and 97 of the KLR Act. It is also to be noticed here that Section 95 of the KLR Act is amended. Section 95 ... Land Revenue Act by virtue of Section 47 of the Act, which reads as follows:'47. Effect of provisions inconsistent with other laws: Theprovisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.The provision of Section 47 of the Act must be given over-riding effect vis-a-vis the provisions of the Karnataka Town and Country Planning Act ...

Jun 16 1998

Mohammed Hassan Fazal Vs. The Deputy Commissioner, Bangalore District, ...

  • Decided on : 16-Jun-1998

Court : Karnataka

Reported in : ILR1998KAR3165; 1998(6)KarLJ16

... by his subordinates, in exercise of his revisional jurisdiction under Section 56 of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act'), in the instant case, he has exceeded in his jurisdiction in exercising the said power to set aside the order passed by the first respondent according sanction for conversion of the land in question. He also submitted that the reasons assigned ... in the interests of the general public or that the occupant is unable or unwilling to comply with the conditions that may be imposed by him under sub-section (4) of Section 95. It is apparent that the impugned order is not based on any one of the above considerations but, solely based on the opinion of the Chairman of ... of the Karnataka Land Revenue Act because the land was notified for acquisition by the Bangalore Development Authority and the final notification was already published. We are unable to appreciate as to how the publication of final notification would wipe out the title of the respondent to the land in dispute. Mere publication of final notification does not automatically vest title to the land ... an Award and taking possession of the land. It is useful to refer to the observations made by this Court in the said decision, which reads as hereunder:'The learned Government Advocate submitted that the respondent cannot claim that there is a deemed conversion in accordance with the provisions of the Karnataka Land Revenue Act because the land was notified for acquisition by ...

Sep 11 2006

The Karnataka Land Developers Association (R) rep. by its Executive Co ...

  • Decided on : 11-Sep-2006

Court : Karnataka

Reported in : 2007(2)KarLJ57

... Land Revenue Act He submits that the impugned notifications are not issued by the State Government expressed in the name of the Governor and it is nothing but interference in the exercise of the statutory powers by the prescribed Authorities under the Land Revenue Act. In this regard, he submits that when Section 95 of the Land Revenue Act confers powers on the Revenue Officers to pass orders regarding the change of land ... ORDERB.S. Patil, J.1. The Karnataka Land Developers Association (R) and its members have approached this Court challenging the notifications dated 14.07.2006 vide Annexures-A and B and 15.07.2006 vide Annexure-C issued ... of the provisions of the BMRDA Act gets neutralize or negated. Even the provisions of Section 95 of the Land Revenue Act provide sufficient indication that the Deputy Commissioner may refuse permission on the ground that the diversion would defeat the provisions of any other law or is not in the interest of general public. When Section 10 of the BMRDA Act starts with a non-abstante clause ... or Authority can approach the Deputy Commissioner and obtain the order of conversion and convert the land use, in respect of the Bangalore Metropolitan Region, is accepted, the very efficacy of the provisions of the BMRDA Act gets neutralize or negated. Even the provisions of Section 95 of the Land Revenue Act provide sufficient indication that the Deputy Commissioner may refuse permission on the ground that the ...

Nov 11 1996

The Karnataka State Judicial Employees House Building Co-operative Soc ...

  • Decided on : 11-Nov-1996

Court : Karnataka

... Karnataka Land Revenue Act, 1964 for such diversion.'The reading of the said proviso it is clear that any person who Intends to have the change of land use as contemplated under Section (2) of Section 14 of the Act, 1961 is required to obtain permission from the Deputy Commissioner to use-, the agricultural land for non-agricultural purpose under Section 95 of the Act, 1964 ... Section 95 of the Karnataka Land Revenue Act, 1964 (for short 'the Act 1964) is without authority of law and the Government has no jurisdiction to demand the same and also for other reliefs.2. The petitioners are the societies registered under the provisions of the Karnataka Co-operative societies Act, the petitioners requested the Stated Government to initiate proceedings for acquisition of land ... Section 14 of the Act, 1961 by inserting the proviso to Sub-section (2) of Section 14 which reads as follows:-'Provided that where the use or change of land use under this section needs the diversion of agricultural land to non agricultural purposes, such use or change of use shall not be permitted unless permission is obtained in accordance with the provisions of the Karnataka Land Revenue Act, 1964 ...

Mar 27 2006

N. Bhagyalakshmamma Vs. Smt. Subbulakshmamma and Ors.

  • Decided on : 27-Mar-2006

Court : Karnataka

... of Karnataka and Ors. 2000(8) Kar. LJ. 58 (DB) : ILR 2001 Kar. : 3445 (DB), wherein this Court has held:Karnataka Land Revenue Act, 1964 (Karnataka Act No. 12 of 1964), Section 128 -Karnataka Land Grant Rules, 1969, Rule 9(1)(i) and (v) - Grantees sold the lands in contravention of the clause prohibiting alienation - Deputy Commissioner ordered to strike off the names of the purchasers from the Revenue Records ... respondent 7 has violated any procedural laws of the provisions of Kamataka Land Revenue Act in changing the katha as per M.R. No. 5/94-95 in the name of the petitioner. That the circular if any issued by the Revenue Authorities will not overcome or supersede the Karnataka Land Revenue Act and Rules. Therefore, the findings recorded by the Assistant Commissioner and ... KCCR Sh. N. 3, wherein this Court has held that:Sections 127 to 129 of the Karnataka Land Revenue Act, 1964 - Kamataka Land Revenue Rules, 1960 - The Revenue Courts is prevented from recording statement of the parties and their depositions, the question of establishing the genuineness of the sale deed would not arise. Therefore the Revenue Court has no jurisdiction to go into the genuineness ... provisions of Sections 127 and 129 to change the mutation and other entries. Therefore viewed from any angle 1 do not find any good reasons to hold that the Tahsildar viz., respondent 7 has violated any procedural laws of the provisions of Kamataka Land Revenue Act in changing the katha as per M.R. No. 5/94-95 in ...

Aug 23 2010

Sri B P Mahendra, 45 yrs.Vs. State of Karnalaka - by its Prl. Secretar ...

  • Decided on : 23-Aug-2010

Court : Karnataka

... of lands which are converted as agricultural lands is illegal and opposed to S.95 of the Karnataka Land Revenue Act and, the question of entries so being made in the revenue records does not raise at all. As per S.129 of the Karnataka Land Revenue Act, it is the duty of the concerned authority to issue notice to interested persons. Hence, change in the revenue ... land in question has already been converted from agricultural to non-agricultural purpose during December 2002 Showing the mutation entries in respect of lands which are converted as agricultural lands is illegal and opposed to S.95 of the Karnataka Land Revenue Act and, the question of entries so being made in the revenue records does not raise at all. As per S.129 of the Karnataka Land Revenue Act ... Karnataka Land Revenue Act and, the question of entries so being made in the revenue records does not raise at all. As per S.129 of the Karnataka Land Revenue Act, it is the duty of the concerned authority to issue notice to interested persons. Hence, change in the revenue records is in violation of the principles of natural justice and also in violation of R.89 of the Karnataka Land Revenue ... they approached this Court and obtained an interim order. Jt is further stated that petitioner is having an alternative remedy under the Land Revenue Act. 15)According to the 5th respondent, as per the facts, originally agricultural lands in Sy.No.8,9,10,13 and 15 of Sajjepaiya and Sy.No.43 and 44 of Malagalu Village of Yeshwanthpura ...

May 27 2011

M N PRIYADATTA SON OF M NARAYANADAS. Vs. THE STATE OF KARNATAKA AND OR ...

  • Decided on : 27-May-2011

Court : Karnataka

... the petitioner that in terms of the provisions of the Karnataka Land Revenue Act, 1964 [for short, the Act] and the Karnataka Land Revenue Rules, 1966 [for short, the Rules for granting permission in favour of petitioner to convert agricultural land mentioned in the application filed under Section 95(2) of the Act, the petitioner was required to pay the following chcu-ges: (i) ... an exemption from payment of conversion fine nor can utilize the conversion order without payment of conversion fine as per the provisions of Section 95(7) read with Section 107 of Karnataka Land Revenue Act, 1964 and industrial policy, if at all, is also for enabling reimbursement claim to be made on the implementation of the project proposed ... revenue authorities, particularly the Deputy Commissioner, Ramanaguram district in terms of his communication dated 17-7-2010 [copy at Annexure-A to the writ petition] having apprised the petitioner that in terms of the provisions of the Karnataka Land Revenue Act, 1964 [for short, the Act] and the Karnataka Land Revenue Rules, 1966 [for short, the Rules for granting permission in favour of petitioner to convert agricultural land ... also the revenue records relating to the holdings of the petitioner. as indicated in Annexure-A, particularly as the petitioner though has described himself to be an industrialist is found to be in possession and is holding agricultural lands, which is prohibited in terms of Section 79A and B of the Karnataka Land Reforms Act, 1961, ...

Feb 23 2011

M/s. Canara Tile Works and Others Vs. M/s. Canara Bank and Others

  • Decided on : 23-Feb-2011

Court : Karnataka

Reported in : 2011(3)KantLJ107; 2011(3)KCCR1892; 2011AIR(Kar)110

... Section 95(2) of Karnataka Land Revenue Act, it is for the Deputy Commissioner to consider the application for conversion/diversion of the land for non-agricultural purposes. However, exception is made in respect of day lands, we lands and garden lands of Dakshina Kannada District. Second proviso to Section 95(2) of the Act makes it clear that the occupant of day land, we land and garden land ... land, but is an agricultural land. He relies upon the document at Annexure-P to show that the land is converted for non-agricultural purposes. 9. The document at Annexure- P dated 6.10.2008 clearly reveals that the property in question is converted/diverted for non-agricultural purposes under the provisions of Karnataka Land Revenue Act, 1964, read with Rule 106-A of Karnataka Land Revenue ... land is converted for non-agricultural purposes. 9. The document at Annexure- P dated 6.10.2008 clearly reveals that the property in question is converted/diverted for non-agricultural purposes under the provisions of Karnataka Land Revenue Act, 1964, read with Rule 106-A of Karnataka Land Revenue Rules, 1966. Petitioner has paid the conversion fine. Mutation is also made in the revenue ...

May 27 2011

M.N. Priyadatta Vs. State of Karnataka and Others

  • Decided on : 27-May-2011

Court : Karnataka

... Karnataka Land Revenue Act, 1964 [for short, the Act] and the Karnataka Land Revenue Rules, 1966 [for short, the Rules] for granting permission in favour of petitioner to convert agricultural land mentioned in the application filed under Section 95(2) of the Act, the petitioner was required to pay the following charges: KARNATAKA TABLE Petitioner claims to be aggrieved by this appraisal letter KARNATAKA ... can utilize the conversion order without payment of conversion fine as per the provisions of Section 95(7) read with Section 107 of Karnataka Land Revenue Act, 1964 and industrial policy, if at all, is also for enabling reimbursement claim to be ... revenue authorities, particularly the Deputy Commissioner, Ramanagaram district, in terms of his communication dated 17-7-2010 [copy at Annexure-A to the writ petition] having apprised the petitioner that in terms of the provisions of the Karnataka Land Revenue Act, 1964 [for short, the Act] and the Karnataka Land Revenue Rules, 1966 [for short, the Rules] for granting permission in favour of petitioner to convert agricultural land ... revenue records relating to the holdings of the petitioner, as indicated in Annexure-A, particularly as the petitioner though has described himself to be an industrialist is found to be in possession and is holding agricultural lands, which is prohibited in terms of Section 79A and B of the Karnataka Land Reforms Act, 1961, unless the petitioner is an agriculturist himself and if not has acquired lands ...

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