SHANKAR Vs. DEPUTY COMMISSIONER, BELGAUM

JUDGEMENT

(1.) Unsuccessful plaintiffs of an original suit bearing O.S.No.441/2006 which was pending on the file of the Court of I Addl. Senior Civil Judge, Belgaum, has approached this Court by means of an appeal under Section 100 of CPC challenging the factual findings given in O.S.No.441/2006 and the affirmation of the same in the First Appellate Court vide R.A.No.191/2010. Respondents herein were the defendants 1 to 3 in the said suit. Parties will be referred as plaintiffs and defendants as per their ranking given in the trial Court.

(2.) The facts would go to show that the entire extent of 2.15 acres of land in Sy.No.328/2 of Belgaum, was a tenanted land. The land in question was in possession of Ramachandra Ghodase, husband of the first plaintiff and father of plaintiffs 2 and 3. After coming into force of the Karnataka Land Reforms Act (Amended), 1974, an application came to be filed in Form No.7A seeking conferment of occupancy right before the jurisdictional Land Tribunal and after conducting an enquiry as contemplated under Section 48-A of the Karnataka Land Reforms Act, the Land Tribunal has conferred occupancy right in favour of Ramachandra Ghodase on 06.06.1979. Consequent upon the conferment of occupancy right Ramachandra Ghodase chose to make an application to the Revenue Department seeking conversion of this entire extent of land for non-agricultural purpose with a specific intention of forming residential sites. The said plea of Ramachandra Ghodase was accepted by the Urban Development Department and conversion order was passed.

(3.) At the time of passing the conversion order, certain conditions came to be imposed with a direction to earmark certain portion of the converted land for civic amenities and also for formation of roads, drainages etc. The order of conversion is dated 01.04.1999. Consequent upon the order of conversion, layout plan was sanctioned by the Urban Development authority. Major portion of the residential sites carved out of this extent of 2.15 acres of land have already been sold and the area earmarked for formation of roads and for civic amenities has been kept as it is and therefore it was open space for all practical purposes. At that time, the City Surveyor attached to the office of the Assistant Director of Land Records, Belgaum, issued notices to the plaintiffs calling upon them as to why their names should not be deleted in respect of the open land and as to why the name of the Commissioner, Corporation of City of Belgaum, should not be inserted. Being aggrieved by the said notice, plaintiffs rushed to the Court of Senior Civil Judge, Belgaum and filed a suit seeking the reliefs of declaration of title in respect of the open land and for consequential relief of permanent injunction.