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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 ...

Feb 18 1999

The State Government Employees' Co-operative Housing Society Limited, ...

  • Decided on : 18-Feb-1999

Court : Karnataka

Reported in : ILR1999KAR1797; 1999(3)KarLJ286

... land converted after paying conversion fee as provided under Section 95 of the Karnataka Land Revenue Act. Assailing the said order, the appellant filed a writ petition contending that the Government had granted exemption under Section 20 of the Act, treating the land as urban land and once the land is an urban land, it is no more an agricultural land. So, the conversion as contemplated under Section 95 of the Karnataka Land Revenue Act ... Section 95 of the Karnataka Land Revenue Act. Assailing the said order, the appellant filed a writ petition contending that the Government had granted exemption under Section 20 of the Act, treating the land as urban land and once the land is an urban land, it is no more an agricultural land. So, the conversion as contemplated under Section 95 of the Karnataka Land Revenue Act is not needed, as it is no more an agricultural land ... land is no more an agricultural land. Therefore, requirement of obtaining conversion ofland to non-agriculture as contemplated under Section 95 of the Karnataka Land Revenue Act does not arise.4. On the other hand, learned Counsel for the respondent contended that though the exemption has been granted under Section 20 of the Act, the land is an agricultural land, unless conversion under Section 95 of Karnataka Land Revenue Act is obtained, and the land ...

Aug 21 1996

Doulatraj Vs. State of Karnataka and Others

  • Decided on : 21-Aug-1996

Court : Karnataka

Reported in : 1999(4)KarLJ57

... Section 95 of the Karnataka Land Revenue Act. It is submitted that in view of the provisions of Karnataka Town and Country Planning Act, 1965, the Deputy Commissioner had no jurisdiction to pass the impugned order. It is contended that the amendment made in Section 95 of the Karnataka Land Revenue Act vide Act No. 2 of 1991 is not applicable in the case of the petitioner. Alternatively it is submitted that as the Amending Act ... Section 95 of the Karnataka Land Revenue Act, this Court in Narayanappa's case, supra, held:'Therefore the question which arises for consideration is whether the Special Deputy Commissioner had any power at all to accord permission under Section 95 of the Karnataka Land Revenue Act. The Chapter III (Sections 9 to 13) of the Planning Act ... Karnataka Town and Country Planning Act, 1965, the Deputy Commissioner had no jurisdiction to pass the impugned order. It is contended that the amendment made in Section 95 of the Karnataka Land Revenue Act vide Act No. 2 of 1991 is not applicable in the case of the petitioner. Alternatively it is submitted that as the Amending Act has not validated the earlier actions taken under the unamended Section 95 of the Act ...

Nov 17 2000

K. Ramaswamy Vs. The Assistant Commissioner, Mysore Sub-Division, Myso ...

  • Decided on : 17-Nov-2000

Court : Karnataka

Reported in : ILR2001KAR748

... land within the green belt area for other purposes. The said decision is rendered while considering the provisions of the Karnataka Town and Country Planning Act in conjunction with the provisions of Section 95 of the Karnataka Land Revenue Act and the said decision deals with the limitations envisaged for grant of permission in accordance with the urban development plan and comprehensive development prepared under Karnataka Town and Country Planning Act ... of Karnataka v Jayashree, wherein it has been held that there can be no permission to divert the agricultural land within the green belt area for other purposes. The said decision is rendered while considering the provisions of the Karnataka Town and Country Planning Act in conjunction with the provisions of Section 95 of the Karnataka Land Revenue Act and ... it is observed that the State has failed to produce any material to show the issuance of notification under Section 95(3) of the Karnataka Land Revenue Act. This infers that there is no notification as such issued under Section 95(3) declaring the green belt areas concerning each city and town in the State.8. The Government Pleader ... Act.7. On the other hand the Counsel for the respondent in Writ Petition No. 34573 of 2000 relied on the unreported ruling of this Court in W.P. Nos. 17658 and 17659 of 1999. In the said case it is observed that the State has failed to produce any material to show the issuance of notification under Section 95(3) of the Karnataka Land Revenue 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 ...

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 ...

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