EXCEPTION FOR CONVERSION OF LAND WITHIN MUNCIPALITY LIMITS

In M Muninarayana Swamy, vs State Of Karnataka

DIVISION BENCH OF KARNATAKA HIGH COURT consisting of THE HON'BLE MR.JUSTICE K.L.MANJUNATH AND THE HON'BLE MR.JUSTICE V.SURI APPA RAO in the case of M Muninarayana Swamy, vs State Of Karnataka reported in ILR 2012 KAR 3428, held that ……………….. when the property situated within the Town Municipal Council area when Town Municipal Council has collected development charges from the appellants and granted plan for construction of the compound and in the planning area if it has lost the character of agriculture, the Dy. Commissioner will not get any right to cancel the khata on the ground that the appellants have not obtained an order of conversion. …………… Therefore, we are of the opinion that there is no necessity for the appellants to obtain conversion from agriculture to non-agriculture, if the area comes within the Town Municipal council limits and in the background of Town Municipal Council collecting the developmental charges and treated as Municipal property.

Sources: Sridhar Babu, Advocate