LAWS(KAR)-2013-12-232

A. MOHAN Vs. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRY AND THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD

Decided On December 05, 2013
A. MOHAN Appellant
V/S
State Of Karnataka, Represented By Its Secretary, Department Of Commerce And Industry And The Special Land Acquisition Officer, Karnataka Industrial Area Development Board Respondents

JUDGEMENT

(1.) THE facts of the case are as follows: -

(2.) SHRI R.L. Patil, the learned counsel appearing for the petitioner would contend that first of all, the purported award made in favour of the petitioner being termed as a 'consent award', is itself misleading. The petitioner had never consented to any such award. It is contended that the petitioner having approached the competent authority under the provisions of the KTCP Act and having obtained an order as to the change in the user of the land, the insistence on the part of the second respondent in demanding the production of a conversion order under Section 95 of the KLR Act, was wholly redundant. Reliance is placed on a decision of this court in the case of Special Deputy Commissioner Vs. Narayanappa, ILR (1988) KAR 1398 .

(3.) THE point for consideration in the present case on hand would be: Whether the petitioner is entitled to claim compensation in respect of his land @ Rs. 155/ - per square foot, as has been fixed for land converted for non -agricultural or residential use ?