NEVY D SOUZA Vs. KARNATAKA APPELLATE TRIBUNAL BANGLORE

JUDGEMENT

(1.) THE petitioner No. 1 was granted occupancy rights in respect of Sy. No. 101/2 and 101/3 of Kukkala village, belthangadi Taluk. The first petitioner sold 20 cents of land to 2nd petitioner and another 20 cents of land to the third petitioner in the year 1992. The Assistant Commissioner issued notice that the sale of agricultural land in favour of the 2nd and 3rd petitioners is bad in law. Hence, directed resumption of the land, as it is sold in contravention of the terms of Form No. 10.

(2.) PETITIONER Nos. 2 and 3 submits that after purchase they made an application for conversion of non-agricultural purpose and it has been granted. The petitioners have put up residential house after obtaining necessary sanction from the local authority and revenue authorities. The provisions of Section 61 of the land Reforms Act are amended. 15 years block period is to be now computed from the date of the order of the tribunal and not the grant of Form No. 10. In the instant case, if the period is reckoned from the date of the order, the purchase is made beyond 15 years.

(3.) THE government Advocate submits that the amendment to Section 61 is effected in the year 1999. The purchase is made in the year 1992.