BALASAHEB VENKATESH KHASBAG ALIAS KULKARNI Vs. LAND TRIBUNAL

JUDGEMENT

(1.) Petitioner in W.P.No. 4474/1978 is the appellant in W.A.No. 2707/1985 - (he is referred as the petitioner hereinafter). Petitioner unsuccessfully challenged the order of the Land Tribunal conferring occupancy rights in favour of respondents 3 to 5 under the provisions of the Karnataka Land Reforms Act, 1961 (the Act' for short) and hence this appeal.

(2.) Respondent-5 was held to be the tenant of Sy.No. 16 (1 acre 9 guntas) and respondents 3 and 4 were held to be tenants of Sy.No. 48 (5 acres 10 guntas) of Khasbhag village, Belgaum Taluk by the Land Tribunal and consequently, they were ordered to be registered as occupants under Section 48-A of the Act. The order was challenged mainly on the ground that the area comprising the lands in question came within the purview of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the 'Ceiling Act', for short); therefore, the Act ceased to be applicable.

(3.) The Land Tribunal and the learned Single Judge, proceeded on the assumption that the lands in question are within the Belgaum Urban Agglomeration, as defined in the Ceiling Act and that, the lands are comprised in the area, reserved for non-agricultural purposes in the Master Plan duly approved under the provisions of the Karnataka Town & Country Planning Act. But, the contention of the petitioner that, on coming into force of the Ceiling Act, the provisions of the Act ceased to apply, was not accepted by the Land Tribunal and the learned single Judge. ILR1985 KAR 3898 , 1985 (2 )KarLJ569