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Judgment
Jawad Rahim, J.—Petitioner claims to be the owner of 30 guntas of Kharab land situate in Survey No. 27/3 of Bidare Agrahara Village, Bidarahalli, Bangalore East Taluk. He applied for change of user from agricultural to non-agricultural use vide Annexure-A. The Deputy Commissioner who is the prescribed authority under the provisions of Section 95 of the Karnataka Land Revenue Act, 1964 accepted the application and granted conversion subject to payment of conversion fee. While doing so, the authority has separated 10 guntas of Kharab land out of 30 guntas of land in the same survey number and directed the petitioner to pay conversion fee at the market value in a sum of Rs. 60,00,000/-. Petitioner has questioned it.
Learned Government Advocate, Mr. Satyanarayan Singh tried to justify levy on the ground if Kharab land is used for non-agricultural purpose, conversion fee will be chargeable as determined by the 2nd respondent.
Such submission finds no support from the provisions of the Land Revenue Act or Karnataka Land Revenue Rules, 1966. The attention of the respondents is drawn to Rule 107 of Karnataka Land Revenue Rules, which reads thus:
"107. Levy of fine for conversion of agricultural land for non-agricultural use.--The amount of fine which may be levied under sub-section (7) of Section 95 shall be at the rates specified in the table below namely.--
From the provision extracted, it is clear that the amount to be charged as conversion fee is Rs. 43-04 per sq. meter. That means, conversion fee cannot exceed Rs. 43-04 per sq. meter. At that rate the fee has to be calculated. Instead, the 2nd respondent has calculated the value of 30 guntas at market value and assessed it as Rs. 60,00,000/- per acre. This is wholly impermissible and therefore the order of the 2nd respondent is quashed.
In the result, the petition is allowed. The order dated 10-3-2014 passed by the 2nd respondent vide Annexure-A is quashed. The 2nd respondent shall determine conversion fee in terms of Rule 107 of Karnataka Land Revenue Rules with reference to the table prescribed and demand such fee in respect of 30 guntas within fifteen days from the date of receipt of a copy of this order.
Mr. Satyanarayan Singh, learned Government Advocate, is permitted to file memo. of appearance within four weeks.