SPECIAL DEPUTY COMMISSIONER Vs. BHARGAVI MADHAVAN

JUDGEMENT

(1.) These appeals which involve the question of the legality of the grant of permission for conversion of vast areas of agricultural lands situate in the green belt area within the Bangalore City Planning area for non-agricultural use, are a glaring example to show how good cases for the Government are allowed to be lost before the Courts and public Interest is allowed to suffer which could thereafter be attributed to decisions of the Court. 1A. These two Writ Appeals are by the Special Dy. Commissioner, Bangalore Dist, Bangalore and the State of Karnataka, by its Secretary, Revenue Department, Vidhana Soudha, Bangalore, against the order of the Learned Single Judge dismissing the two Writ Petitions filed by them in which the validity of the order of the Karnataka Appellate Tribunal had been challenged by the appellants.

(2.) The facts of the case, in brief, are as follows :

(3.) The ground urged in the appeals was that the permission directed to be accorded by the Triblunal was in clear infraction of Section 95(3A) of the Act, according to which permission for conversion of agricultural lands for non-agricultural use could not be granted as the lands in question fell within the green belt area. The provision on which reliance is placed by the appellants were introduced into the Karnataka Land Revenue Act by Amendment Act of 1984 on 28th April 1984. They read :