KURATTI VEERAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner sought for quashing of Annexure-D dated 27. 11. 2001 communicated to the petitioner in pursuance of the letter addressed to the Deputy Commissioner, Dharwad, by the principal Secretary to the Government of Karnataka, Department of Urban Development, dated 12. 9. 2001.

(2.) THE brief facts of the case are as follows: the petitioner Sri Kuratti Veerappa, being the owner of the land RS No. 9b/2a of Sutagatti village, Hubli Taluk, measuring about 5 acres equivalent to 20, 234. 8286 Sq. Mts. submitted a declaration as required under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 showing excess land as 18, 734. 2286 excluding the area of 1, 500 Sq. Mts. The Deputy commissioner also issued notification declaring that 18, 734. 2286 is the excess of land as required under Section 10 (3) of the Act. At this stage, the petitioner filed WP No. 2146/91 which came to be remanded to the Deputy Commissioner for fresh disposal in accordance with law. At this Stage, the petitioner filed an application under Section 20 to the Government for grant of exemption in respect of the excess land for growing Ayurvedic Herbal Plants. The Government of Karnataka, considering the reasons stated in the application, by its order dated 4. 2. 1995 (Annexure-A), granted exemption on 4 conditions. The 1st condition is that the land is to be used only for growing Ayurvedic Herbal Plants. The 2nd condition is that the exempted land should not be used for the purpose other than agriculture and should not be alienated etc. , After grant of exemption, by an order dated 4. 2. 1995, the excess land remained with the possession of the petitioner. Subsequently, the Urban Land (Ceiling and Regulation) Act, 1976 came to be repealed by Act 15/99 with effect from 17. 9. 1999 as per notification issued by the Government of Karnataka under Clause (2) of Article 252 of the Constitution of India. After repealing of the act, the petitioner filed an application before the Principal Secretary, Department of Urban development, as per Annexure-B dated 10. 1. 2001 for relaxation of the conditions imposed while granting exemption as per Annexure-A. The Secretary for the Urban Development Department called for a report from the Deputy Commissioner, Dharwad. In pursuance of it, the Deputy commissioner submitted a report to the Principal Secretary as per Annexure-C dated 29. 3. 2001 recommending for relaxation of the conditions. On receipt of the report by the Principal secretary to the Government, the Department of Urban Development addressed a letter dated 12. 9. 2001 to the Deputy Commissioner vide Annexure-D informing the Deputy Commissioner that the Repealing Act does not give or reserve any powers to modify or withdraw any action validly taken under the Urban Land (Ceiling and Regulation) Act.

(3.) ANNEXURE-D reads as follows: