NAGANGOUDA PATIL Vs. DEPUTY COMMISSIONER, TOWN PLANNING AUTHORITY REP BY ITS ASSISTANT DIRECTOR AND THE SECRETARY GRAM PANCHAYATH

JUDGEMENT

(1.) THE petitioner is the owner of the land bearing No. 89/3 measuring 2 acres 3 guntas situated at Chikkamallur village, Shiggaon Taluk. He made an application for conversion of the land to non -agricultural purpose to make residential plots. The 1st respondent passed an order for conversion of his lands, by imposing various conditions. Condition No. 10 was to the effect that plot Nos. 18 and 19 should be transferred in favour of the Grama Panchayath respondent No. 3. Aggrieved by the same, this petition is filed. The learned counsel for the petitioner contends that the said condition cannot be imposed by the respondent. That it is opposed to law. The learned Government Advocate submits that the condition imposed is in terms of the Government orders issued. Therefore, the condition imposed is just and appropriate. That the sites in question are reserved for public utility and therefore the transfer of sites in the name of the 3rd respondent is justified.

(2.) ON hearing learned counsels, I am of the view that the appropriate relief requires to be granted. The question that arises for consideration herein is as to whether the respondent could impose such a condition while granting conversion of the land from agricultural to non -agricultural purpose. The very issue was considered by the Judgment in the case of Belgaum A.G. v. Planning Authority, Hubli Dharwar and Another reported in 1976 Part -II Kar. L.J. 178. Therein it was held that no condition could be imposed which is beyond the provisions of Section 17(2) of the Karnataka Town and Country Planning Act. Therein also a condition was imposed for transfer of lands therein free of cost. It was held that if the planning authority cannot acquire the said lands without paying price for it, it is plain that it cannot direct the petitioner to hand over the said lands free of cost. Yet again, the Hon'ble Supreme court in the case of Judgment in the case of Pt. Chet Ram Vashist (Dead) by Lrs. Vs. Municipal Corporation of Delhi, AIR 1995 SC 430 is also on the said issue. Therein the Municipality had imposed condition that the areas specified therein should be for a park and School shall vest in Corporation Therefore, the Hon'ble Supreme Court held that such a condition is illegal. In view of the aforesaid Judgments, I' am of the considered view that the decisions are applicable to the case on hand. The imposition of such a condition is beyond authority of law. Such a condition could not be imposed. Consequently, the petition is allowed. The order dated 25 -2 -2008 passed by the 1st respondent in No. LNA/CR/ -39: 2007 -08 is quashed in so far as it relates to condition No. 10 with reference to transfer of sites in plot 18 and 19 on the schedule land is concerned. Rest of the conversion order is undisturbed. Ordered accordingly.