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

Mar 09 1998

M. Ramachandra Vs. Deputy Commissioner (Land Acquisition), Bangalore D ...

  • Decided on : 09-Mar-1998

Court : Karnataka

Reported in : 1998(4)KarLJ464

... land or on tank bed;(iv) unauthorised constructions made in the area specified as green belt in the comprehensive development plan or outline development plan prepared under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) or declared as green belt under sub-section (3-A) of Section 95 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964);(v) unauthorised constructions made by any person on the land ... Act, 1961 (Karnataka Act 11 of 1963) or declared as green belt under sub-section (3-A) of Section 95 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964);(v) unauthorised constructions made by any person on the land belonging to another person over which former has no title,(vi) unauthorised constructions having more than two floors including ground floor;(vii) unauthorised constructions made in violation of Urban (Land Ceiling and Regulations) Act ... Karnataka Act 11 of 1963) or declared as green belt under sub-section (3-A) of Section 95 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964);(v) unauthorised constructions made by any person on the land belonging to another person over which former has no title,(vi) unauthorised constructions having more than two floors including ground floor;(vii) unauthorised constructions made in violation of Urban (Land Ceiling and Regulations) Act, 1976 (Central Act ...

Apr 02 2009

M. Kokila W/o B. Shanmugam Vs. The State of Karnataka rep. by its Secr ...

  • Decided on : 02-Apr-2009

Court : Karnataka

Reported in : ILR2009KAR2583; 2009(6)KarLJ590

... the delay.3. The issue involved in this case is, whether the owners of Patta lands on which quarrying activities are being carried on, are required to obtain conversion under Section 95 of the Karnataka Land Revenue Act of 1964, as quarrying of minor mineral is not agricultural operation. The learned single Judge has ... -7-1987 (M. Veeramadhu v. Deputy Commissioner). Learned Addl. Government Advocate contended that for carrying on mining activities in the Patta lands, conversion under Section 95 of Karnataka Land Revenue Act is required as quarrying is not agricultural operation. The learned single Judge elaborately gone into this legal issue with reference to various ... Section 95 of the Act did not arise and secondly, ever since the decision rendered, Section 95 of the Act underwent considerable changes and therefore the decision rendered earlier to such amendments cannot be applied to the present provisions of the Act.5. Patta lands are agricultural lands. In such lands agricultural operations have to be carried-out. As per Section 2(1) of Karnataka Land Reforms Act ... Act.5. Patta lands are agricultural lands. In such lands agricultural operations have to be carried-out. As per Section 2(1) of Karnataka Land Reforms Act, 1961 'agriculture' includes acquaculture, horticulture, raising of crops, grass or garden produce, dairy farming, poultry farming, breeding of livestock and grazing. It does not include mining or quarrying. In view of availability of minor minerals in patta lands ...

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 ...

Mar 12 2009

Hindustan Petroleum Corporation Limited Vs. State of Karnataka and Ors ...

  • Decided on : 12-Mar-2009

Court : Karnataka

Reported in : 2009(6)KarLJ11; 2009(4)AIRKarR352

... it is not necessary for the owner of the land to seek permission of revenue authorities for change of land user, particularly, as under Section 95 of the Karnataka Land Revenue Act, 1964 and want of such permission cannot be a ground for the planning authority to reject a plan for development of the land in conformity with the planning authority's declaration ... Section 95 of the Karnataka Land Revenue Act, 1964 and want of such permission cannot be a ground for the planning authority to reject a plan for development of the land in conformity with the planning authority's declaration and earmarking of the area so long as it conforms to the outline development plan.38. A perusal of the statutory provisions, particularly, proviso to Sub-section (2) to Section ... there was no need to obtain any prior permission from the Deputy Commissioner under the provisions of Section 95 of the Karnataka Land Revenue Act, 1964 for change of land user from agricultural to residential purpose and in the case of the petitioner also the land user being industrial even as per the outline development plan of the planning authority and also ... section (2) to Section 14 of the KTCP Act which is an addition by way of amendment as per Act No. 2 of 1991 and with effect from 20-3-1991 while no doubt indicates that the change of land user should not be permitted unless the person has obtained permission of the revenue authorities as per the provisions of the Karnataka Land Revenue Act, 1964 for diversion of the land ...

Oct 18 2005

Mahesh Co-operative Housing Society Ltd. Vs. Special Officer and Compe ...

  • Decided on : 18-Oct-2005

Court : Andhra Pradesh

Reported in : 2005(6)ALD772

... Section 26 of ULC Act before transfer of land in favour of the petitioner-society. Therefore, the cited decision has no application to the facts of the case on hand. In the case of State of Karnataka v. Shankara Textile Mills Ltd., the Supreme Court while dealing with Karnataka Land Revenue Act, 1964 has held that in the absence of permission for conversion of agricultural and non-agricultural land ... Section 2(18) of the Act or that it was used for non-agricultural purpose, assuming it to be so, would not convert the agricultural land into a non-agricultural land for the purposes either of the Revenue Act or of the Act, viz., Karnataka Land Reforms Act. To hold otherwise would defeat the object of both the Acts and would in particular, render the provisions of Section 95(2) of the Revenue Act ... Karnataka v. Shankara Textile Mills Ltd., the Supreme Court while dealing with Karnataka Land Revenue Act, 1964 has held that in the absence of permission for conversion of agricultural and non-agricultural land mere non-user of the land for agricultural purposes or purposes subservient thereto or user for non-agricultural purpose would not have the effect of converting the land into non-agricultural land ...

Sep 23 1994

Robert D'Silva Vs. Deputy Commissioner

  • Decided on : 23-Sep-1994

Court : Karnataka

Reported in : ILR1994KAR3119; 1994(4)KarLJ602

... ORDERSaldanha, J. 1. Heard the learned Counsel on both sides.2. An interesting aspect of law has arisen in this Petition which concerns the deeming provision contained in Section 95(4) of the Karnataka Land Revenue Act, 1964. The statutory provision prescribes that in the event of non-action on the part of the authorities to whom an application for conversion has been submitted, that the permission ... that the deemed provision has accrued to his client by virtue of Section 95(4) of the Act. He also places reliance on a Decision of this Court in the case of HABEEB KHANDASARI INDUSTRIES v. KARNATAKA APPELLATE TRIBUNAL AND ANR. 1987(1) KLJ 45. This Court, while interpreting the provisions of Section 95(4), held that immediately on the expiry of the period of four ... the provisions of Section 95(4), held that immediately on the expiry of the period of four months in the absence of a rejection order that by operation of law, the permission is deemed to have been granted. Mr. Naik has also relied on another Decision of this Court in the case of GANAPATI MANKALU GOUDA v. STATE OF KARNATAKA : ILR1990KAR1248 , whereby a ... . That Decision, to my mind, would not have any application on the facts of the present case.9. As earlier indicated by me, the legislative intent embodied in Section 95(4) of the Act is unambiguous. It provides for time bound disposal of application for conversion and it presupposes that in the light of this mandate, that the authorities will, without any delay ...

Jun 05 2006

Devendrappa Maninangappa Mishap S/o Maninangappa P Mishap Vs. The Dy C ...

  • Decided on : 05-Jun-2006

Court : Karnataka

Reported in : ILR2006KAR2962

... the Government for violating the provisions of conversion under Section 95 of the Karnataka Land Revenue Act (for short 'the Act').2. It is the case of the petitioner that petitioner is the owner of the land in Sy.No. 41/1 situated in Ayodhya village, Hubli Taluk, Dharwad District, measuring 3 acres 5 guntas. It was agricultural land and petitioner made an application for conversion and ... of land belonging to the petitioner comprised in Sy.No. 41/1 situated in Ayodhya village of Hubli Taluk, Dharwad District, belonging to the petitioner has been forfeited to the Government for violating the provisions of conversion under Section 95 of the Karnataka Land Revenue Act (for short 'the Act').2. It is the case of the petitioner that petitioner is the owner of the land in ... an application for conversion and the same was granted and the Deputy Commissioner has passed an order on 23.11.2001 forfeiting the land for violating the conditions of conversion in exercise of the power under Section 96(1). It is the contention of the petitioner that no notice was served upon the petitioner before passing the impugned order dated ... justice.3. The learned Counsel appearing for the petitioner submitted that the order has been passed alleging that the petitioner is using the land for non-agriculturalpurpose without conversion and that the petitioner has not used land for non-agricultural use.4. The learned High Court Government Pleader argued in support of the order and has made available the records ...

Oct 15 1998

Srinivasa Rao Vs. Land Tribunal and Anr.

  • Decided on : 15-Oct-1998

Court : Supreme Court of India

Reported in : (2001)9SCC383

... Tribunal as also the High Court, both, overlooked the provision of Section 95(5) of the Karnataka Land Revenue Act which provides as under:95. (5) Where the Deputy Commissioner fails to inform the applicant of his decision on the application made under sub-section (2) within a period of four months, from the date ... of land which was not excluded by the authorities under the Karnataka Land Reforms Act while determining the ceiling and surplus area of the appellant.2. Exemption for this area was claimed by the appellant on the ground that he had applied for the conversion of this land into non-agricultural land ... order granting conversion was passed on 24-7-1974, i.e., well after the period of four months, the provision of Section 95(5) of the Act became immediately applicable and therefore the application shall, fictionally, be deemed to have been granted on the expiry of four months ... Act while determining the ceiling and surplus area of the appellant.2. Exemption for this area was claimed by the appellant on the ground that he had applied for the conversion of this land into non-agricultural land on 17-4-1973, but the permission for conversion was granted by the Assistant Commissioner, Sedam, by his order dated 24-7-1974.3. The Land ... could not have been treated as part of agricultural holding of the appellant for purposes of determining the ceiling on surplus area under the Act.6. In this view of the matter the judgment of the Tribunal as also that of the High Court so far as the ...

Sep 02 2005

S.B. Ganesh Vs. The Tree Officer Conservator of Forests

  • Decided on : 02-Sep-2005

Court : Karnataka

Reported in : ILR2005KAR6018; 2006(1)KarLJ548

... Section 95 of the Karnataka Land Revenue Act, for conversion of lands from agricultural to non-agricultural residential purpose, Accordingly he has obtained permission for conversion from agricultural to non-agricultural purpose. Subsequently he filed an application to clear the entire trees standing on the above said lands before the first respondent Tree Officer under the provisions of the Karnataka Preservation of Trees Act ... land. The yield of coffee being very poor, the petitioner sought permission under Section 95 of the Karnataka Land Revenue Act, for conversion of lands from agricultural to non-agricultural residential purpose, Accordingly he has obtained permission for conversion from agricultural to non-agricultural purpose. Subsequently he filed an application to clear the entire trees standing on the above said lands ... Karnataka Preservation of Trees Act, 1976. Schedule I and II of the Act reads as under:'SCHEDULE I(See Section 2(i)Areas comprising lands under tea, rubber or cinchona cultivation including wood-lots and lands belonging to the State Government and released in favour of others.SCHEDULE II(See Section (i)Areas comprising lands ...

Oct 16 2003

Smt. Akkamma and Anr. Vs. Narayana T. Amin and Ors.

  • Decided on : 16-Oct-2003

Court : Karnataka

Reported in : ILR2004KAR634

... not necessary to seek permission to divert agricultural land for any other purpose because a farm house is constructed for the purpose of facilitating better cultivation of the land. A farm house is a part and parcel of agricultural land.'This decision draws support from the definition of 'land' as contained in Section 95(1) of the Karnataka Land Revenue Act, 1964 whereas in the present case we are ... Court has held that Farm House is part of an agricultural land and division of it has to be effected by Deputy Commissioner under Section 54. The relevant observations are at para 8 and they read:'Farm house is a part of an agricultural land only. Even Section 95(1) of the Karnataka Land Revenue Act, 1964 provides that subject to any law for the time being in ... effected by Deputy Commissioner under Section 54. The relevant observations are at para 8 and they read:'Farm house is a part of an agricultural land only. Even Section 95(1) of the Karnataka Land Revenue Act, 1964 provides that subject to any law for the time being in force regarding erection of buildings or construction of wells or tanks, an occupant of land assessed or held for ... in isolation, nor is it possible to lay down any rule of universal application. Therefore, the definition of the term 'building' under Section 95(1) of the Land Revenue Act cannot be made a basis for construing the meaning of the term 'land' as accruing in the Civil Procedure Code.8. In W.T. COMMISSIONER A.P. v. COURT OF WARDS, PAIGAH, : [1976]10ITR133 ...

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