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2008 DIGILAW 725 (KAR)

Nanjappa v. Government of Karnataka

2008-11-24

MOHAN M.SHANTANAGOUDAR

body2008
ORDER Mohan Shantanagoudar, J. Petitioner is the owner of the agricultural land bearing Survey No.114, measuring 1 acre 30 guntas, situated at Jakanahalli Village, Nelmangala Taluk, Banglore Rural District. According to him, he has been in unauthorised possession and enjoyment of 26 guntas of land situated in Survey NO.1l5 of Jakanahalli village, which adjoins the property owned by the petitioner i.e., Survey No.114. Petitioner made application under the provisions of Karnataka Land Revenue Act in Form No. 53 praying for grant of land in his favour. The Deputy Commissioner by the endorsement vide Annexure - A dated 26.2.2007, intimated the petitioner that he will be granted the land to an extent of 26 guntas lying adjacent to the land which is already owned by him, subject to the payment of market value of Rs. 18 lakhs per acre. Such an order is made under Rule 4(2) of the Karnataka Land Grant Rules, 1969 (hereinafter referred to as the Rules for short).Conequently, the petitioner was directed to pay RS.ll,70,065j- towards market value for 26 guntas of land as determined by the Deputy Commissioner. Petitioner being aggrieved by the determination of the market value at RS.18 lakshs per acre by the Deputy Commissioner, has filed this writ petition. 2. Along with the writ petition, petitioner has produced a Notification issued by the Department of Stamps and Registration, dated 13 November 2006, disclosing the estimated Guideline Market Value of Immovable properties in the jurisdiction of certain of the Sub-Registrars Office, Bangalore Rural District. Jakanahalli village is at SI.No.26. The Guideline Market Value of Immobable properties adjoining Highway are within the range of Rs.10 lakhs to RS.11 laksh per acre and whereas, other lands of Jakkanahalli village are within the range of RS.5 lakshs of RS.6 lakhs per acre. Learned Counsel for the petitioner by relying upon the said Notification argues that the market value as determined by the Deputy Commissioner at RS.18 lakhs per acre is too excessive. He further submits that there is no basis for the Deputy Commissioner to come to the said conclusion. Learned Counsel for the petitioner by relying upon the said Notification argues that the market value as determined by the Deputy Commissioner at RS.18 lakhs per acre is too excessive. He further submits that there is no basis for the Deputy Commissioner to come to the said conclusion. It is further submitted by learned Counsel for the petitioner that Rule 12( 1 )(i) of the Rules prescribes certain mode to decide the value of the land to be grated and as the said provisions are applicable to the facts of the case, the Deputy Commissioner is not justified in determining the market value at RS.18 laks per acre without reference to Rule 12(1)(i) of the Rules. The writ petition is opposed by Sri R.Kumar, learned Government Pleader appearing on behalf of respondents. 3. It is relevant to note the provisions of Rule 4 and Rule 12 (1) to (3) of the Rules in this context. "Rule 4:- Persons eligible for grant of land for agricultural purpose: (1) Lands available for disposal may be granted for agricultural purposes under these rules to a person,- (i) who has attained the age of eighteen; and (ii) whose gross annual income does not exceed rupees eight thousand; and (iii) who is either a bona filde agriculturist cultivating the land personally or has bona fide intention to take up personal cultivation; and (iv) who is not a sufficient holder: Provided that in the case of Ex-servicemen and Soliders, lands may be granted, if the gross annual income of the applicant exceed Rupees eight thousand but less than Rupees twenty thousand. Provided further that the extent of land granted to any person shall not together with the alnd already held by such persons exceed the limits prescribed for a sufficient holder in Rule 2 (15). Provided further that the extent of land granted to any person shall not together with the alnd already held by such persons exceed the limits prescribed for a sufficient holder in Rule 2 (15). (2) Notwithstandig anything contained in sub-rule (1) any person may be granted the land adjacent or close to the already held by him on collection of market value as on the date of grant to be determined by the authority granting the land, if such land is, in the opinion of such authority required for better enjoyment or better cultivation of the land so held: Provided that no such grant shall be made of an extent exceeing in the case of wet or garden land half hectare and in the case of dry land one hectare and that the total extent of land after such grant does not exceed the ceiling area according to the Karnataka Land Reforms Act, 1961. Rule 12 - Price payable for the land granted under these rules: (1) In respect of the lands granted under these rules for purpose of agriculture- (i) the price payable for the dry land and rainfed wet land shall be, not less thatn fifty times and not more than five hundred times the land revenue payable on such land. (ii) The price payable for garden lands or wet lands with assured irrigation facilities from tanks or channels shall ordinarily be not less than rupees five hundred and not more than ten thousand rupees per hectare. (2) Notwithstanding anything contained in sub-section (1), where the land is very valuable, the Deputy Commissioner or the other officer authorised by him in this behalf may sell such land by public auction. (2) Notwithstanding anything contained in sub-section (1), where the land is very valuable, the Deputy Commissioner or the other officer authorised by him in this behalf may sell such land by public auction. (3) The price payable in respect of lands granted for cultivation of plantation crops shall be the market value of such land to be determined by the Deputy Commissioner subject to a minimum of five thousand rupees per hectare: Provided that where the market value is lower than the minimum prescribed in Rules (1) (1) and 3, it shall be competent to the granting authority to grant the land on collection of market value: Provided further that in respect of lands granted for coffee, tea, cardamom or rubber cultivation to persons belonging to Scheduled Castes and Scheduled Tribes, who are members of a Co-operative Society which grants loan to its members, for cultivation of plantation crops, the price payable for such land shall be recovered at the time the lands are confirmed in their favour: Provided further that where a person who owns coffee, tea, cardamom or rubber lands not exceeding ten acres in extent or a person who does not own any lands applies for lands for growing coffee, tea, cardamom or rubber he may be granted land upto five acres or any exten required to make up ten acres whichever is less, at half the rate payable under this sub-rule. 3-A:- In respect of lands granted for cultivation of plantation crops, if the Deputy Commissioner is satisfied that the grantee is unable to pay in a lumsum the price of lands granted, he may, for reasons to be recorded in writing, permit the grantee to pay the value of such land in three equal annual installments. The first installment shall be reocovered before this grantee is given possession of the land. 3-6: Notwithstanding anything contained in sub-rule (3) of this rule, the price payable in respect of lands granted for coffee cultivation to the persons belonging to the Scheduled Castes and Scheduled Tribes shall be Rs. 250/- (rupees two hundred and fifty only) per hectare.) (Emphasis supplied). If the aforementioned provisions are meticulously perused, it is clear that grant of land adjacent or close to the land already held by the person is exception to the general grant of lands. Rule 4 (2) of the Rules begins with the non-obstante clause. 250/- (rupees two hundred and fifty only) per hectare.) (Emphasis supplied). If the aforementioned provisions are meticulously perused, it is clear that grant of land adjacent or close to the land already held by the person is exception to the general grant of lands. Rule 4 (2) of the Rules begins with the non-obstante clause. It clearly discloses that, notwithstanding anything contained in sub-rule (1) any person may be granted the land adjacent or close to the land already held by him on collection of market value as on the date of grant to be determined by the authority granting the land. Thus, if the land is granted under Rule 4(2) of the Rules, then, the same will be subject to the marke value as on the date of the grant to be determined by the authority granting the land. Whereas, the price of the land granted under Rule 4 (1) of the Rules will have to be determined under Rule 12 (1) of the Rules.Rule 12 of the Rules is inapplicable to the grant made under Rule 4(2) of the Rules.Price to be determined under Rule 12(1) of the Rules is general in nature and is not applicable to the special grants of land i.e., the one made under Rule 4(2) of the Rules. Sub-rule (2) of Rule 12 of the Rules further makes it clear that if the land is available, the Deputy Commissioner or other offier authorized, may sell such land by public aucion. So also, sub-rule (3) of Rule 12 of he Rules reveals that the price payable in respect of lands granted for cultivation of plantation crops shall be the market value of such land to be determined by the Deputy commissioner subject to a minimum of Rs. 5,000/- Thus, it is clear that Rule 12 (2) and Rule 12 (3) of the Rules also are independent and they will have to be read distinctly, inasmuch as, they are applicable for the lands which are granted for distinct purposes. Thus, the Legislation has made separate provisions for separate varieties of lands for fixing the price. 5,000/- Thus, it is clear that Rule 12 (2) and Rule 12 (3) of the Rules also are independent and they will have to be read distinctly, inasmuch as, they are applicable for the lands which are granted for distinct purposes. Thus, the Legislation has made separate provisions for separate varieties of lands for fixing the price. As the grant made under Rule 4(2) of the Rules is a special grant made for the adjoining land holders for better enjoyment of the property and as Rule 4(2) is self-contained rule by itself, the said provision has to be understood as per the language found in the said section. As the language used in Rule 4(2) is plain and simple, there is no scope for confusion.Therefore, the Deputy Commissioner is justified in directing the petitioner to pay the market value of the land as on the date of the grant. 3. However the marker value has to be determined by the authority granting the land based on reliable material. The endorsement vide Annexure-A is silent as to on what basis the Deputy Commissioner has determined the market value of the land at Rs. 18 laksh per acre.The Deputy Commissioner should have disclosed in his order as to the manner in which he has arrieved at the said market value. As the order in question is silent on that aspect of the matter, this Court proposes to direct the Deputy Commissioner to pass the speaking order with regard to determination of the marke value. Hence, the following order is made: The endorsement vide Annexure-A dated 26.2.2007 in so far as it relates to fixing of the market value at Rs. 18 lakhs per acre, is set aside. The Deputy Commissioner is directed to pass fresh order relating to determination of the market value in accordance with law, keeping in mind the observations made above. Writ petition is disposed of accordingly.