Skip to content

Filter by :

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

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 ...

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 ...

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 ...

Jan 12 2000

E. Bhaskar Rao Vs. State of Karnataka and Others

  • Decided on : 12-Jan-2000

Court : Karnataka

Reported in : ILR2000KAR4718; 2000(6)KarLJ435

... Section 95(1) of the Karnataka Land Revenue Act states that there is no exemption for erection of concrete buildings, servants living quarters, godowns to manufacture and storepoultry and animal feeds. As per Section 2 of the Act, the term 'poultry farming' is included for the purpose of declaration to be made before the Registering Authority in certain cases under the provisions of Section 81 of the Act ... Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) of city municipalities and notified areas constituted or deemed to be constituted under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) and different distances may be so prescribed for each such city, city municipality, town municipality or notified area. (3-B) Notwithstanding anything contained in this section, no permission shall be granted to divert any land ... placed reliance on Section 95 of the Karnataka Land Revenue Act, wherein it is provided for that, subject to any law for the time being in force regarding erection of buildings and construction of wells or tanks, quarters for the servants, erection of buildings thereon in the agricultural land for better use of ... Section 81 of the Land Reforms Act cannot be read into the Land Revenue Act to hold that the impugned order and the pursuant notice are liable to be quashed.8. Now let me consider the respective side of the case put forth before me. Before proceeding, it appears to me that the provisions in Section 95 of the Land Revenue Act ...

Nov 25 2005

The Commissioner, Bangalore Development Authority and Anr. Vs. State o ...

  • Decided on : 25-Nov-2005

Court : Karnataka

Reported in : ILR2006KAR318; 2006(1)KarLJ1

... the matter of deletion from acquisition proceedings in respect of other continuous lands?14. Whether the conversion orders passed under Section 95 of the Karnataka Land Revenue Act, 1964 are in conformity with Sub-sections (3) and (4) thereof and whether there is violation of other statutes such as KLR Act, Karnataka Municipalities Act, 1964, Karnataka Municipal Corporations Act, 1976, Karnataka Town and Country Planning Act, 1961 etc.?15. Can the private builders proceed with their projects ... Section 95 of the Karnataka Land Revenue Act, 1964 are in conformity with Sub-sections (3) and (4) thereof and whether there is violation of other statutes such as KLR Act, Karnataka Municipalities Act, 1964, Karnataka Municipal Corporations Act, 1976, Karnataka Town and Country Planning Act, 1961 etc.?15. Can the private builders proceed with their projects on the basis of conversion orders, without any sanction of layout plan by the Metropolitan Planning Committee constituted under Section ... in the Karnataka Municipal Corporations Act, 1976, Karnataka Municipalities Act, 1964, Karnataka Panchayat Raj Act, 1993, the provisions of the Bangalore Development Authority Act, 1976, in particular Section 2(c) defining Bangalore Metropolitan Area; and Section 15 dealing with preparation of a development plan, have become inoperative and void; and whether they stand impliedly repealed?(2) Whether the provisions of Sections 4, 5-A and 6 of the Land Acquisition Act, 1894, override ...

Oct 18 1994

State of Karnataka and others Vs. Shankara Textiles Mills Ltd.

  • Decided on : 18-Oct-1994

Court : Supreme Court of India

Reported in : AIR1995SC234; JT1994(6)SC567; 1994(4)SCALE559; (1995)1SCC295; [1994]Supp4SCR432

... Section 95(2) of the Karnataka Land Revenue Act (hereinafter referred to as the 'Revenue Act'). The remaining land, viz., 36 acres and 6.5 guntas was not converted into non-agricultural land (hereinafter referred to as the 'disputed land') with the result that for the purposes of the Revenue Act, it continued to be considered as agricultural land.Improvement Board, Davanagere, sought to acquire land ... Land' in Section 2(18) of the Act. However, in the absence of any specific finding regarding the nature or usage of the land as agricultural, the Special Deputy Commissioner cannot treat it to be an agricultural land merely on account of the fact that permission for conversion of the land under Section 95(2) of the Karnataka Land Revenue Act was sought. Even otherwise, admittedly, the land ... land may fall within the definition of 'Land' in Section 2(18) of the Act. However, in the absence of any specific finding regarding the nature or usage of the land as agricultural, the Special Deputy Commissioner cannot treat it to be an agricultural land merely on account of the fact that permission for conversion of the land under Section 95(2) of the Karnataka Land Revenue Act ...

Aug 26 2008

M. Krishna Swamy S/o Late D.M. Muniyappa and Ors. Vs. Smt. Byramma W/o ...

  • Decided on : 26-Aug-2008

Court : Karnataka

... 95, MR No. 16/94-95, MR No. 7/94-95 and MR No. 29/94-95 as passed on 21-6-1995, whereunder the names of some of the respondents herein came to be entered as against the subject lands, preferred appeals under Section 136(2) of the Karnataka Land Revenue Act, 1964 [for short, the Act) before the Assistant Commissioner in RA No. 45/95-96, RA No. 93/95 ... 95, MR No. 7/94-95 and MR No. 29/94-95 as passed on 21-6-1995, whereunder the names of some of the respondents herein came to be entered as against the subject lands, preferred appeals under Section 136(2) of the Karnataka Land Revenue Act, 1964 [for short, the Act) before the Assistant Commissioner in RA No. 45/95-96, RA No. 93/95-96 and RA (Misc) No. 1/95 ... land from the 6th respondent Smt Gowramma, the petitioners had preferred RA No. 149/97-98 and RA No. 135/96-97. These appeals were dismissed by the Assistant Commissioner in terms of the order dated 6-3-2000 [copy at Annexure-M to the writ petition). Revision petition under Section 136(3) of the Act ... Act have exercised such power in a proper manner and nothing beyond. The power is also to be exercised in a bona fide manner and for a justifiable reason, it is not one which can be invoked at any point of time without any cause of action. If a revenue entry is to be altered in the year 1994-95 ...

Nov 27 2009

Sri C.J. Singh son of late Atam Singh Kochar Vs. State of Karnataka re ...

  • Decided on : 27-Nov-2009

Court : Karnataka

... as per the law in the said land of site owners.6. Land shall be reserved for the Government purpose as per the SE 67 of the Karnataka Land Revenue Act 1964 if found any bit pot Kharab in the said land and o.02 guntas of land comes under (B) Kharab consisting in Survey No. 148/2 in the said converted land. The same shall be reserved for the ... crores) or below.29. The Special Deputy Commissioner of Bangalore Urban Department, Bangalore, has passed conversion order in favour of the Niketan Shlters Pvt. Ltd. Under Section 95(2) of the Karnataka Land Revenue Act (hereinafter called as KLR Act) converting the land for non agricultural purpose situated at Pattandur Agrahara, Whitefield, K.R. Purarn Hobli, Bangalore East Taluk in Sy. No. 19/2 (admeasuring 82,764 sq ... of the Karnataka Land Revenue Act 1964 if found any bit pot Kharab in the said land and o.02 guntas of land comes under (B) Kharab consisting in Survey No. 148/2 in the said converted land. The same shall be reserved for the public purpose and the applicant does not have any right over said Kharab land and the rights of the extent (B) Kharab land is belong ... SE/96 of KLR Act 1964 and the expenditure for the same shall be recovered as per the arrears of land Revenue.9. The order with regard to the said subjected to any decision of Courts suit/writ petition/appeal.40. From reading of the aforesaid conditions, Special Deputy Commissioner in exercise of his statutory power under Section 95(2) of KLR Act after satisfying the request ...

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 ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //