BELGAUM MINERALS Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) This is a writ petition challenging the order No.RB:ML:CR:106:2015-16 dated December 21, 2015, issued by the Deputy Commissioner, Belagavi district, holding that the writ petitioner has been unauthorisedly undertaking non-agricultural activities on certain agricultural lands in violation of the provisions of Section 95 of the Karnataka Land Revenue Act, 1964, ('the said Act', in short) and, further, claiming payment of conversion charges and penalty under subsection (4) of Section 96 of the said Act read with rule 107-A of the Karnataka Land Revenue Rules, 1966. Moreover, pursuant to the aforesaid order of the Deputy Commissioner, Belagavi, the writ petitioner has been prevented from undertaking any further activities on the disputed lands.

(2.) The writ petition is based on the ground that the writ petitioner is not undertaking any activities on the land diverting the lands-in-question from agricultural purposes to non-agricultural purposes. It is submitted that the activities of the writ petitioner constitute improvement upon the lands for the better cultivation of the lands and for its more convenient use for agricultural purposes. Thus, it is submitted that it was not necessary to seek conversion or to pay conversion charges for the activities specifically undertaken by the writ petitioner.

(3.) It is submitted that the writ petitioner is involved in removing the rocks and in extracting alluminous laterite from the lands-in-question. The alluminous laterite is a floating ore available just below the top soil.