Lands within TMC deemed to be converted for non-agri purposes: HC

The high court has said that an agricultural land coming within the jurisdiction of a Municipal Council or a Municipal Corporation would not require to be converted by following the procedure prescribed under the Karnataka Land Revenue Act.

Justice Suraj Govindaraj said that once the land comes within the limits of Town Municipal Council (TMC), it would be deemed to be converted for non-agricultural purposes.

The petitioner, Shrishail is a businessman from Bailhongal town in Belagavi district, owns 1.29 acres of land. The land had been converted from agricultural to commercial purposes for petrol bunk purpose in 2016. When he proposed to use the remaining land for putting up a commercial building, Bailhongal TMC rejected it citing that the conversion order was only for non-agricultural commercial (petrol bunk).

After perusing the provisions of law, Justice Suraj Govindaraj noted that since the land in question is within the TMC limits, the provisions of Karnataka Land Revenue (KLR) Act cannot be applied. The court cited S Krishnappa case wherein the high court had concluded that the provisions of the KLR Act have no application to the lands that fall within the territorial limits of Bruhat Bengaluru Mahanagara Palike (BBMP). The bench said that the very principle applies to even a TMC since it occupies a similar position as a Corporation. 

“In that view of the matter, there would be no requirement for a land owner of the land coming within the limits of TMC to seek conversion of the land under Section 95 of the KLR Act from agricultural to non-agricultural purposes once the land comes within the limits of TMC,” the court said.

Insofar as the question whether the TMC can restrict the usage of the property only for petrol bunk in spite of the conversion for non-agricultural commercial purposes, the court said that such artificial distinction is sustainable. “The TMC cannot put the cart before the horse and restrict the usage of land only for petrol bunk purposes after the petrol bunk has already been established. On this ground also, the endorsement issued by the TMC falls foul of the applicable law,” the court said, directing TMC to issue building license as eligible by following the building bye-laws applicable within a period of 60 days.