Karnataka High Court Urges State To Frame Policy Regulating Sites In Converted Lands Outside Approved Layouts

The Karnataka High Court has suggested to the State Government to devise a comprehensive scheme to regulate transactions regarding purchase of land/site on converted lands which are not part of any sanctioned layouts.A single judge, Justice Sachin Shankar Magadum said,“With increasing instances of purchasers acquiring sites in converted lands which are not part of sanctioned layouts, there is a pressing necessity for the State to devise a comprehensive scheme to regulate such transactions. Unless and until the State formulates appropriate guidelines or a regularisation mechanism consistent with the object of Section 17(2B), (Karnataka Town and Country Planning Act, 1961). Courts cannot, in individual cases, bypass the statutory mandate and issue directions contrary to law.” It added “The legislative intent behind insertion of Section 17(2B) is to strike a balance between urban development and the rights of innocent purchasers, while ensuring that civic infrastructure and planned growth of towns are not compromised.” The court made these observation while dismissing a petition filed by one U Mamatha who had approached the court seeking a direction to the Holakere Town Municipality for issuance of e-khata in respect of the petition schedule property by enclosing the title deed, conversion order, and tax paid receipts. It was argued that a manual khata was issued by the local authority in 2015, and he has been regularly paying property tax in respect of the said residential site, and the SAS Form for the year 2023-24 evidences the same. The municipality referred to two circular issued by the government which specifically prohibit issuance of e-khata in respect of plots which do not have layout plan approval from the competent authority.The bench noted that though the site purchased by the petitioner is carved out of converted land, the same does not form part of an approved layout.Referring to Section 17 (2B) of the Act it said, “The object behind insertion of sub-section (2B) is, therefore, to ensure orderly development of urban areas, proper provision of civic amenities, and to prevent mushrooming of illegal layouts which burden public infrastructure.” The Court further noted that the local authority, noticing the existence of such sites carved out of converted lands without sanction, had sought permission from the State Government to collect betterment charges as a condition for regularisation. The said request was however turned down. In this backdrop it said,“This Court is of the considered view that respondent No.3 (Municipality) cannot be said to be under any legal obligation to entertain the petitioner's request for issuance of e-khata. Equally, the petitioner, having purchased a site which admittedly does not form part of a sanctioned layout, cannot claim a corresponding legal right to demand issuance of e-khata.” It added “A writ of mandamus lies only where there exists a corresponding duty cast on the authority and a legal right vested in the petitioner. In the absence of both, no such writ can be issued.” Appearance: Advocate R Shashidhara for Petitioner.HCGP Rahul Rai K for R1 AND R2. Advocate B.K Manjunath for R3 Citation No: 2025 LiveLaw (Kar) 337Case Title: U Mamatha AND State of Karnataka & Others Case No: WRIT PETITION NO. 21648 OF 2024Click Here To Read/Download Order

Karnataka High Court Urges State To Frame Policy Regulating Sites In Converted Lands Outside Approved Layouts

Mustafa Plumber

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Karnataka High Court Urges State To Frame Policy Regulating Sites In Converted Lands Outside Approved Layouts

Mustafa Plumber

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers