SAHADEV BHAIRU KHANNUKAR Vs. SPECIAL DEPUTY COMMISSIONER BELGAUM

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the constitution, the petitioner has sought fcr a declaration that the permission sought for by him for conversion of the agricultural land to an extent of 1 acre in S. No. 1077/1A at Belgaum is deemed to have been granted. He has also sought for an alternative relief for issuing a direction to the first respondent to receive conversion fine in respect of the land in question.

(2.) The cass of the petitioner is that he is a owner in occupation of the land in question measuring 1 acre bearing S. No. 1077/1A of Belgaum ; that he made an application under Sec. 95(2) of the Karnataka Land Revenue Act (hereinafter referred to as the Act) for permission to convert the land in question for non-agricultural purposes ; that, that application was rejected by the Special Deputy Commissioner, Belgaum, by the order dated 20-6-1984 in No. RB. LNA. SR-1 276/83-84 on the ground that the land in question is reserved for green belt.

(3.) Being aggrieved by the aforesaid order the petitioner preferred an appeal No. 481/1984 LB. B.GM. before the Karnataka Appellate Tribunal (hereinafter referred to as the Tribunal). The Tribunal by the order dated 14*12-1984 allowed the appeal and set aside the aforesaid order of the Special Deputy Commissioner and remanded the case for fresh disposal as par law expedltiously taking into account various contentions raised by the petitioner including the applicability of the amended provisions of Sac. 95 of the Act.