9911796707
TMI Blog2003 (2) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... ich measures hardly 15 guntas. Though it is technically described as being located in Kalkamba Village, effectively the area is now included within Belgaum City and the principal point of dispute centers around the question as to whether occupancy rights could have at all been granted in respect of this small piece of land which has been more particularly described as a backyard, the reason being that it is the case of the landowners that the land has been converted to non-agricultural use as early as 31-10-1963. The original applicant, since deceased and now represented by his legal representatives - respondents 2 to 12, had applied for grant of occupancy rights in respect of this piece of land, the contention being that it is agricultural ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , who also referred to the fact that it is non-agricultural land, to conclude with the finding However, in our opinion, the occupancy rights are liable to be granted . As indicated by us earlier, it is this order that was the subject-matter of challenge before the learned Single Judge, who after hearing the learned Advocates, recorded the finding that if the members, even though by majority, overruled the findings of the Chairman and assuming that they are entitled in law to do so, that they must support their conclusions and decisions through proper reasons and in the absence of any reason, the majority decision is virtually relegated to the position of a non-speaking order and it is on this ground that the order was set aside and the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... untas of land is concerned, that by order dated 31-10-1963, non-agricultural permission was granted and it is his submission that this was a good ten years prior to the amendment of the Karnataka Land Reforms Act and that irrespective of what contention has been raised by the other side and irrespective of any plea with regard to possession, etc., that in law, the Chairman was 100 per cent right in his finding that no occupancy rights could have been conferred. His submission is that it is a condition precedent under the Karnataka Land Reforms Act that the land in question must be agricultural land and then alone that the Tribunal assumes jurisdiction to grant occupancy rights. The discretion of allowing conversion from agricultural land to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n done, that his clients, according to him, have been in possession and he further contends that it is their case that they are also carrying out some cultivation. The learned Counsel submitted that his clients do not accept the genuineness or correctness of the document Annexure-C and the reason for this being that his clients did apply for a certified copy of the document to the concerned authorities and the same was not forthcoming. The learned Counsel submitted that the land is a valuable piece of property and that obviously, the landowners have managed to procure this document Annexure-C by unfair means or that the same has been fabricated and this is the reason why his clients were unable to get a copy of the same. His further submiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within the ambit of agricultural activity. To this extent, he relies on the averments in the pleadings before the Civil Court wherein the owners have categorised the applicant as a licensee who was allowed to look after the mango trees. His submission is that if the non-agricultural conversion order which is being relied upon were to be discarded as is required to be done, that his clients would straightaway qualify for grant of occupancy rights, and that consequently, the possibility of such a verdict ought not to be ruled out by this Court. While meeting the argument that occupancy rights could never be granted in respect of any land, Mr. Shinde submitted that if his clients are given an opportunity, they will establish that the land in q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is very clear insofar as the revenue authorities are the deciding authorities in matters of granting non-agricultural permission and if the authorities were satisfied and they did accord conversion from agricultural to non-agricultural, then, on and from the date of the order, the lands change complexion. Again, we do not find any record before us to justify the respondents' claim that any agricultural activity was being conducted there even prior to 1963. The existence of a few mango trees would not be sufficient to change the nature and character of the land, but, the more important aspect of the matter is that the appellants have described the original applicant as a licensee, whose duties were to gather the fruits and this status i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
