STATE GOVERNMENT EMPLOYEES CO OPERATIVE HOUSING SOCIETY LIMITED HUBLI Vs. HUBLI DHARWAD URBAN DEVELOPMENT AUTHORITY HUBLI DHARWAD DISTRICT

JUDGEMENT

(1.) THIS appeal is filed assailing the order of the learned Single Judge dismissing the writ petition.

(2.) THE brief facts of the case, are, that, the land in question which belonged to the previous owners has been purchased by the appellant in pursuance of an order made by the State government under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 (in short 'the Act' ). The appellant, thereafter made an application before the Urban Development authority seeking permission to form a layout and the respondent called upon the appellant to get the land converted after paying conversion fee as provided under Section 95 of the Karnataka land Revenue Act. Assailing the said order, the appellant filed a writ petition contending that the Government had granted exemption under Section 20 of the Act, treating the land as urban land and once the land is an urban land, it is no more an agricultural land. So, the conversion as contemplated under Section 95 of the Karnataka Land Revenue Act is not needed, as it is no more an agricultural land. The learned Single Judge dismissed the writ petition, against that, the present appeal is filed.

(3.) LEARNED Counsel for the appellant contended that, once the land is treated as a vacant land, under the Act an exemption is required for excess vacant land. When a direction to make the land into plots to be allotted to the members of the Society was passed, the land is no more an agricultural land. Therefore, requirement of obtaining conversion of land to non-agriculture as contemplated under Section 95 of the Karnataka Land Revenue Act does not arise.