PONNAPPA M.M Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is aggrieved by the impugned endorsements issued at Annexures-'B' and 'D' dtd. 30/3/2022 and 27/5/2022, whereby the applications made by the petitioner seeking conversion of land have been rejected by the respondent No.2 - Deputy Commissioner, Kushalnagar, Kodagu District and respondent No.5 - Planning Member, Kushalnagar Town Planning Authority respectively.

(2.) Learned counsel for the petitioner submits that although there are no reasons specified in the endorsements, it has been told to the petitioner that since there is a revision of the Master Plan of Kushalnagar Town, the application seeking conversion of the land cannot be considered at this juncture. Learned counsel would draw the attention of this Court to a recent decision of this Court in the case of Smt.Muniyamma Vs.. The State of Karnataka and others in W.P.No.20670/2021 dtd. 1/12/2021.

(3.) On going through the said decision, this Court finds that similar reasons were assigned for rejection of the application seeking conversion. This Court found that the Master Plan is not yet introduced in the planning area and unless the same is reserved for the purpose as set out in the Karnataka Town and Country Planning Act, 1961, the respondent-authorities cannot deny the benefit of conversion of land for non agricultural purposes. This Court proceeded to allow the writ petition while setting aside the impugned endorsement, with a direction to the Deputy Commissioner to consider the application for conversion and pass necessary orders within a stipulated time failing which it was held that there shall be a deemed conversion of the agricultural land.