RAZIA B Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has challenged the communication/endorsement dated 15.05.2017 issued by respondent No. 3 at Annexure-G to the writ petition inter-alia seeking declaration that the land measuring 16.08 guntas in Survey No. 6 of Bhoopsandra Village, Kasaba Hobli, Bangalore North Taluk is deemed to have been converted from agricultural use to non-agricultural use by virtue of Section 95(5) of the Karnataka Land Revenue Act, 1964 (in short "the Act" ) and consequently to direct the respondent No. 2 to issue conversion order after determining and collecting the conversion fees to issue conversion order in accordance with law.

(2.) The petitioner contends that he had purchased 31 guntas of land in Survey No. 6 of Bhoopsandra Village, Kasaba Hobli, Bangalore North Taluk on 10.03.1969. The first respondent initiated acquisition proceedings to acquire the said land belonging to the petitioner for formation of RMV II Stage further extension by issuing final declaration on 28.12.1982. The petitioner had filed writ petition 27383/2012 challenging the said acquisition proceedings initiated insofar as the land belonging to the petitioner is concerned. The said writ petition came to be allowed holding that the notifications issued by the Bangalore Development Authority for acquisition of the land in question are lapsed and proceedings have been abandoned in so far as the petition schedule property is concerned. Writ Appeal No. 736/2018 filed by the Bangalore Development Authority challenging the said order, has been dismissed on 09.10.2018.

(3.) It is the grievance of the petitioner that the application filed by the petitioner seeking conversion of the land measuring 16.08 guntas in Survey No. 6 of Bhoopsandra Village, Kasaba Hobli, Bangalore North Taluk pursuant to the order passed by the Special Tahsildar, Bengaluru North Taluk mutating the said 16.08 guntas in the name of the petitioner out of 31 guntas notified for acquisition by the Bangalore Development Authority has not acted upon. It is the contention of the petitioner that Bangalore Development Authority by an endorsement dated 29.09.2015 has confirmed that out of the notified extent of 00-31 guntas of land in the lands in question 00-16.08 guntas was deleted from the acquisition proceedings. By virtue of the same, the land revenue entries were mutated in the name of the petitioner to the extent of 16.08 guntas to which change of land use was sought for in terms of Section 95(2) of the Act. However, the respondent-Bangalore Development Authority rejected the said application by the impugned communication/endorsement at Annexure-G mainly placing reliance on the writ appeal No. 736/2018 filed against the order of the learned single Judge in W.P. No. 27383/2012. The said writ appeal being dismissed, the endorsement impugned deserves to be set-aside.