Legal Question in Civil Rights Law in India

From:

Raman Udayakumar

I - 12, BEML NAGAR POST,

Kolar Gold Fields - 563 115

Kolar District, Bangarapet Taluq

Mobile: 9611504991

Most Respected Sir,

I am appreciations for your valued social service and advises. This mail has the reference to the telecon I had with you today at 12.15 pm. Pl help me.

thanks and best regards,

Raman Udayakumar

PARTICULARS OF INFORMATION: Land bearing survey # 215 measuring to an extent of 1 Acre 37 Guntas located at Swaminathapuram, OORGAUMPET, KOLAR GOLD FIELDS (Coming under the Municipality limits of Ward No. 18 has been divided for FOUR members during the year 14.10.1983. When my mother Smt. R. Kodhanayagi aged 72 years (Senior Citizen)W/o. Late G. Raman approached KUDA for her part of land of 22 Guntas approxiamately to file an application for layout approval, the case worker demanded for approval letter from DC for conversion of land from agriculture land to non-agricultural (Residential Purpose). In this connection we have filed an RTI on Commissioner of KUDA, Robersonprt, Kolar Gold Fields and to the Commissioner of City Municipality , Kolar Gold Fields stating an instance that �If the Land is coming under the purview of City Muncipality limits, then no conversion is required and by paying developmental/betterment fees a Muncipal Kahta can be obtained (in other words, the Land is deemed to be converted and no such approval is required)� as per the Indian Law Reporter of 2012 Karnataka P 3428.2013 (I)KCCR634 and the High Court order dated 14th Day of June 2012 under reference W. A Nos 17361-17363/2011 (LB-RES) in High Court Of Karnataka between the Appellants M. Muninarayana Swamy Vs State of Karnataka and others and the Hon�ble Judges Mr. K.L. Manjunath and Mr. Suri Appa Rao. JJ has delivered the Judgment stating that there is no necessity for the appellants to obtain conversion from agriculture to non-agriculture, if the area comes within the Town Municipal council limits and in the background of Town Municipal Council collecting the developmental charges and treated as Municipal property (PL REFER ILR 2012 KAR SERIES P 3428.2012 (I) KCCR634 AND KARNATAKA HIGH COURT JUDGMENT DATED 14TH JUNE 2012).

Referring to the above we have requested to following information:

1. We have sent an �APPEAL LETTER� to District Commissioner on 13.08.2013 (Copy of my APPEAL LETTER IS ENCLOSED HEREWITH), as of date we have not received any information from the DC, Kolar that whether conversion is required or not in line with & based on the Karnataka High Court Judgment.

2. The Commissioner of KUDA, Robertsonpet has replied to my RTI application on 06.09.2013 (Enclosed herewith) by which the letter stresses upon the need for conversion from agricultural land to non-agricultural which is quite against the Judgment of High Court of Karnataka (Copy of KUDA letter enclosed herewith). We were puzzled to think that whether High Court of Karnataka might have not considered the KTCP Act 1961 (14) before delivering the Judgment as mentioned in the letter of Commissioner of KUDA, KGF. It is imperative to note that except my part of land, surrounding all the areas by the side of my land many houses and buildings have been constructed. We were surprised and puzzled by the letter of Commissioner of KUDA against the High Court Judgment of Karnataka.

3. We have not received any information to my RTI application sent to Muncipality Commissioner/PIO Kolar Gold Fields by registered Post with Ack Due on 13.08.2013 on the same subject. We have received the acknowledgement card also.

Particulars of information sought from your Office:

1. Kindly provide me the information from your offices based on the Karnataka High Court Judgment enclosed herewith that whether it is necessary to establish conversion letter for the Land bearing Survey # 215 located at Swaminathapuram, OOGAUMPET coming under Municipality limits under Ward No: 18 . The reply given by the Commissioner of KUDA seems to be unclear ignoring the latest Judgment of High Court of Karnataka. This information is sought to avoid the intermediate brokers blocking our way to proceed further and to avoid corruption.


Asked on 9/13/13, 12:10 am

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

You have 3 parallel remedies 1. File an appeal to the Appellate authority of the Municipality and if he also does not respond within 30 day file an appeal SIC State Information commissioner. 2.Move an application in the Karnatka High Court in the case where the judgment was pronounced u/s 151 of CPC for clarification as you are the affected party. 3.File a PIL in the Karnataka High Court against the KUDA on the basis of the said judgment. To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

JSR/11013

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Answered on 10/01/13, 6:41 am


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