J CHENNA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant assailing the order dated 16-4-2010 made in W.P. No.17019/2007 passed by the learned single Judge, wherein the learned single Judge dismissed the writ petition filed by the appellant and upheld the order dated 19-10-2007 passed by the Special Deputy Commissioner, Bangalore District, has preferred this writ appeal.

(2.) THE appellant filed W.P. No. 17019/2007 contending that the land bearing Sy.No.33, in all measuring 16 acres 17 guntas situated at Marathahalli village, Vartur Hobli, Bangalore East Taluk is a Government land which was classified as Mufat Kaval. Out of the said land, the Department of Mines and Geology issued quarrying lease to an extent of 3 acres 30 guntas in favour of D. Ramachandra Reddy for quarrying the brick earth for the purpose of manufacturing bricks. THE license was then assigned in favour of the petitioner in accordance with law on 1-9-1983 and the same was renewed from time to time. In addition to 3 acres 30 guntas of land, the petitioner also obtained leasehold right for an area of 4 acres in Sy.No.33 of Marathahalli village. In all, the petitioner was holding leasehold right to an extent of 7 acres 30 guntas of land for quarrying the brick earth for manufacturing bricks. THE petitioner further contended that he has made an application for lease of 7 acres 30 guntas of land in Sy.No.33. THE State Government considered the application of the petitioner and by its communication dated 13-6- 1989 had accorded its approval for lease of the land under Rule 10(3) of Karnataka Land Grant Rules, 1969 in favour of the petitioner for non-agricultural purposes i.e. for brick manufacturing purposes for a period of 30 years, subject to usual terms and conditions of the said Rules. However the said approval was cancelled by the State Government on 19-9-1989 on the ground that the leasing of the land within the city limits is contrary to the Land Grant Rules. Further the Government has issued endorsement dated 6-10-1989 informing the petitioner that his request for grant of land on lease basis in respect of the land bearing Sy.No.33 measuring 7 acres 30 guntas cannot be granted and rejected the same. On the basis of the endorsement issued by the State Government dated 6-10-1989, the Department of Mines and Geology has also cancelled the quarrying license granted to the petitioner.

(3.) THOUGH the Marathahalli village is situated at outskirts at one point of time, it is now within the city limits. Such a valuable land cannot be leased to an individual against the public interest. Further, the Government Notification dated 18-4-1984 prohibits lease/grant of land within the 'Green Belt Area'. The Government Circular dated 14-10-1988 prohibits grant/lease of 'Gomal Land' to any other purposes. Accordingly, rejected the application of the petitioner and rejected the application on 19-10-2007 for lease of land and directed to take action in accordance with Section 39(i) of Karnataka Land Revenue Act to vacate and deliver possession.