Karnataka High Court asks revenue dept to devise mechanism for land conversion
BENGALURU: The Karnataka High Court directed the principal secretary of the Revenue Department to devise a mechanism for the procedure to be adopted by deputy commissioners under the Karnataka Land Revenue Act for disposal of applications filed for conversion of the land from agricultural to non-agricultural purposes.
“Principal Secretary of the Revenue Department should institute a mechanism of capturing the applications which are filed under Section 95 of the Act along with the date of the application and the time taken for disposal of the same while also indicating the date on which the deemed conversion comes into effect in terms of Section 95(5) of the Act unless an objection is raised for the same...
These details should be web hosted on the website of the concerned Deputy Commissioner,” said Justice Suraj Govindaraj. The court passed the order as it came across several matters where the applications which were filed for conversion had not been acted upon by the authorities concerned resulting in unnecessary litigation being filed before the court.
This has been noticed by the court while allowing the petition filed by Abdul Rehman from Basavakalyan of Bidar District, questioning the delay in considering his application for land conversion. On Section 95(5) of the Act, if the deputy commissioner fails to inform the applicant of the decision within a period of four months from the date of receipt of the application for conversion of land, the permission applied for is deemed to have been granted.
Referring to this, the judge said, “I am of the considered opinion that Section 95 (5) of the Act would also apply once compliance with any of the objections raised has been completed by the applicant thus, giving a time period of four months for the Deputy Commissioner to raise any further objections to the conversion.”