KARNATAKA RAJYA MANDAVYA GRUHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/Karnataka Rajya Mandavya Gruha Nirmana Sahakara Sangha calls in question a communication dated 13/9/2019 issued by the Mandya Urban Development Authority ( 'MUDA ' for short) turning down the application of the petitioner for approval of the layout plan on the score that the lands where the layout is sought to be formed will have to undergo a change of land use in terms of Sec. 14 of the Karnataka Town and Country Planning Act, 1961 ( 'the KTCP Act ' for short) and proceedings in terms of Sec. 14A of the KTCP Act will have to be initiated by the petitioner.

(2.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:

(3.) In furtherance of the approval and permission granted by the State, the petitioner purchased lands in several survey numbers in the aforesaid village on 14-05-2012 from the respective land owners. The survey numbers are described in the petition and would be hereinafter referred to as the 'subject lands'. Pursuant to the said purchase of the subject lands, the petitioner made a representation to the Deputy Commissioner, Mandya seeking conversion of lands from agriculture to non- agricultural purposes. The said representation of the petitioner for such conversion was forwarded by the Deputy Commissioner to the 2nd respondent/MUDA by his letter dated 20-02-2013 seeking no objection from the hands of MUDA. MUDA in reply to the said communication informs the Deputy Commissioner, Mandya District that the lands are coming under the proposed Development of formation of a housing layout and, therefore, permission cannot be granted. Pursuant to the said communication of MUDA, an endorsement is issued by the Deputy Commissioner keeping the application of the petitioner for conversion pending on the ground that lands would come within the proposed development activity of the Planning Authority.