SRI SHIVARAMA BHAT, J. ( 1 ) HEARD appearing for the petitioner and the learned Government Counsel. ( 2 ) THIS writ petition is directed against the order dated 19-1-1999 passed in Case No. ULC:sr: 308:76-77 (Padavu) and also against the order dated 25-2-1991 passed in ULC:sr:308:76-77 at annexures-A and B to the writ petition. The order dated 25-2-1991 is the order declaring excess vacant land determined as stands unaltered. In pursuance of Order dated 25-2-1991 an award has been given on 19-1-1999 which is Annexure-A. By an order dated 25-2-1991 and 1. 10 1/2 acres or 4470-20 was determined to be excess land. The learned Counsel for the petitioner contended that petitioner's agricultural land has wrongly been included while determining the excess land. Learned Counsel also contended that the Land Tribunal has declared this land to be agricultural land. The learned Counsel contended that when the Land Tribunal has declared it to be the agricultural land, the competent authority could not hold that it was not an agricultural land unless it was converted. ( 3 ) THE learned Government Counsel pointed out that this declaration of agricultural land by the land Tribunal is not relevant and material for the purpose of the case. He submitted that this declaration on which the learned Counsel for the petitioner relies or the order he relies is of the year 1991. The learned Government Counsel also contended that the petitioner had to make out a case before the Deputy Commissioner or competent authority that the land was mainly used for the purpose of agriculture on the appointed day that is the date on which the Ceiling Act came into operation in the State of Karnataka namely in the year 1976, I have applied my mind to the contentions of the learned Counsel for the parties.
( 4 ) THE urban land has been defined under Section 2 (n) which is as follows: "urban agglomeration".- (A) in relation to any State or Union Territory specified in column (1) of Schedule I, means- ( i) the urban agglomeration specified in the corresponding entry in column (2) thereof and includes the peripheral area specified in the corresponding entry in column (3) thereof; and (ii) any other area which the State Government may, with the previous approval of the Central govern- ment, having regard to its location, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require, by notification in the Official Gazette, declare to be an urban agglomeration and any agglomeration so declared shall be deemed to belong to category 'd' in that Schedule and the peripheral area therefor shall be one kilometre; (B) in relation to any other State or Union Territory, means any area which the State government may, with the previous approval of the Central Government, having regard to its location, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require, by notification in the Official Gazette, declare to be an urban agglomeration and any agglomeration so declared shall he deemed to belong to category 'd' in Schedule I and the peripheral area therefor shall be one kilometre. Then Section 2 (o) reads as under: 2 (o) "urban land" means- (i) any land situated within the limits of an urban agglomeration and referred to as such in the master plan; or (ii) in a case where there is no master plan, or where the master plan does not refer to any land as urban land, any land within the limits of an urban agglomeration and situated in any area included within the local limits of a municipality (by whatever name called), a notified area committee, a town area committee, a city and town committee, a small town committee, a cantonment Board or a panchayat, but does not include any such land which is mainly used for the purpose of agriculture. Explanation.- (A ). . .
Explanation.- (A ). . . (B) land shall not be deemed to be used mainly for the purpose of agriculture, if such land is not entered in the revenue or land records before the appointed day as for the purpose of agriculture: provided that where on any land which is entered in the revenue or land records before the appointed day as for the purpose of agriculture, there is a building which is not in the nature of a farm house, then, so much of the extent of such land as is occupied by the building shall not be deemed to be used mainly for the purpose of agriculture: provided further that if any question arises whether any building is in the nature of a farm-house, such question shall be referred to the State Government and the decision of the State government thereon shall be final; (C ). . . . . A perusal of Explanation (B) to Section 2 (o) reveals that land shall not be deemed to be used mainly for the purpose of agriculture, if such land is not entered in the revenue or land records before the appointed day for the purpose of agriculture, it means the burden is on the claimant to produce the revenue records and land record entries of the period immediately prior to the appointed day, showing that the land was used for agricultural purposes. The claimant-petitioner in this case has nowhere stated that the land record entries or revenue entries were produced with reference to the period immediately before the appointed day that is before 17th February, 1976. ( 5 ) THE Deputy Commissioner in paragraph 2 of his order observes that " the enquiry conducted in this case revealed that the land is a hilly area and vacant. It is not being used for any agricultural purpose. The revenue records also do not show that this land is being used for any agricultural purposes. As such this comes under the term "urban land" as defined under Section 2 (o) of ULC Act and it applied to the land, the occupancy of which conferred by the Land Tribunal as well as clarified under Section 42 of the Urban Land Ceiling act".
As such this comes under the term "urban land" as defined under Section 2 (o) of ULC Act and it applied to the land, the occupancy of which conferred by the Land Tribunal as well as clarified under Section 42 of the Urban Land Ceiling act". ( 6 ) THE learned Counsel for the petitioner had contended there cannot be any overriding of the other laws and that the Land Tribunal declared that the land is agricultural land. The Ceiling authorities on the other hand say that it is not agricultural land. The burden is on the petitioner to prove on the appointed day the land was mainly used for agricultural purposes. ( 7 ) SECTION 42 of the Urban Land Ceiling Act gives overriding effect to the provisions of this Act over those of other Acts as well as over usage, custom, decree or order and it provides and reads as under: "section 42. Act to override other laws.--The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or any custom, usage or agreement or decree or order of a Court, Tribunal or other authority". This section per se has got overriding effect over the order of the Tribunal which should have been passed in 1981 as per Annexure-C. In this view of the matter, in my opinion there is no substance in the contentions of the learned counsel for the petitioner as the Government Counsel has already been put in appearance and has taken notice for the respondents, this writ petition is dismissed with costs as such Rs. 1,100/ -.