1. These writ appeals arise out of the orders of the learned Single Judge of this Court passed in A.C. Siddappa v. State of Karnataka, : ILR1998KAR880 . The dispute in this case relates to the grant of 10 acres of land in Sy. No. 27 of Kowdenahalli Village in favour of the appellant for running a junior college. The respondents in this proceedings other than the State and State Officials had filed the writ petitions espousing the public grievance that thf grant made in favour of the appellant is illegal and in flagrant violation of the Karnataka Land Revenue Act and Rules. The Sy. No. 27 of Kowdenahalli Village is shown as tank bed area in the revenue records which is not a disputed fact.
2. The appellant made a representation to the Revenue Minister for grant of land in the aforesaid Sy. No. 27. Upon such representation, instructions were issued by the Revenue Secretary to the Deputy Commissioner indicating the approval of the Government for the grant of the land under Rule 10(3) of the Karnataka Land Grant Rules, 1969 and the cost of the land was fixed at 50% of the market value of Rs. 1,25,000/-.
3. The learned Single Judge, after going through the records and the affidavits filed by the Revenue Secretary, came to an opinion that flagrantly ignoring the claim made by other religious and charitable organisations, the land has been given to the appellant and that there is no formal order of the grant made by the Deputy Commissioner as required under law. The learned Single Judge also finds that in CDP, Sy. No. 27 is shown as a tank. Without the necessary orders from the town planning authority for the change of land use allotment of the land by the Deputy Commissioner or by the Government to the appellant for non-agricultural purpose is illegal and that the tank bed has not been derisive as required under the Land Revenue Act. In view of such infirmities, held that the grant made in favour of the appellant is bad in law and accordingly, set aside the impugned grant.
4. Counsel for the appellants strenuously contended that under Rule 27 of the Karnataka Land Grant Rules, the State Government has wide discretionary suo motu powers to relax any of the provisions of the rules for granting the land. In that view, submitted that the grant made at the instance of the Revenue Minister is fully in consonance with the provisions of law and the Counsel further submitted that under Rule 21 lands can be granted to religious and charitable institutions for non-agricultural purpose and accordingly, the appellant being religious and charitable institution, the grant made in its favour cannot be assailed as illegal. For convenient reference the provisions of Rule 27 are extracted hereunder:
'27. Powers of the State Government.-Notwithstanding anything contained in the preceding rules, the State Government may, suo motu, or on the recommendation of the Divisional Commissioner or the Deputy Commissioner, if it is of the opinion that in the circumstances of any case or classes of cases, it is just and reasonable to relax any of the provisions of these rules, it may, by order direct such relaxation, recording the reasons for such relaxation, subject to such conditions as may be specified in the orders and thereupon lands may be granted in such a case or classes of cases in accordance with such direction'.
5. On the meticulous reading, the discernible essential requisites under Rule 27 are that the State Government suo motu, if in its opinion, is satisfied that in a case or classes of cases the provisions of the rules are to be relaxed, it has to pass an order to that effect directing relaxation by recording the reasons and subject to such conditions as may be specified in the order so made, the land may be granted in accordance with such special directions in the order.
6. In the instant case, there is no order made by the State Government under Rule 27 for relaxing the provisions. The appellants had submitted a representation to the Hon'ble Minister, P.W.D., Government of Karnataka, dated 1-6-1987 requesting the grant of 10 acres of land in Sy. No. 27 which is a tank bed area which was to the knowledge of the appellants. In the representation, it was submitted that there are no proper educational facilities for the residents of the area. Therefore, the appellants desired to start a junior college. The details of Ayacut of the tank was stated as 40 acres out of 80 acres of the tank bed. Therefore, request was made for grant of land.
7. On the said representation at the written instructions of Revenue Minister, the Deputy Commissioner of Bangalore Rural District was intimated by letter dated 29-1-1988, that the Irrigation Department has no objections for grant of land. The Revenue Secretary by his letter dated 27-2-1988, informed the Deputy Commissioner that the Irrigation Department and Panchayat Raj Department have no objection for grant of land in favour of the appellant and thus directed the Deputy Commissioner to draw up the proceedings within a week and to submit the same for approval. The Special Deputy Commissioner thereupon directed the Tahsildar to take immediate action to take possession as directed and to prepare the necessary records for grant of land in favour of the appellant-college. The Deputy Commissioner by his letter dated 7-9-1988 ad-dressed to the Revenue Secretary informs that the effective extent of the Sy. No. 27 tank bed measures 55 acres 5 guntas and in 31 acres 37 guntas after the abolition of inams the lands are granted to occupants. In the balance of 23 acres 8 guntas, in 6 acres of land there are unauthorised construction and hutments, the balance of 17 acres 8 guntas said to be a waterlogged area. The Deputy Commissioner in his letter also mentions that the land in question is situate within a distance of 11 kms. from Bangalore City and for grant of 10 acres the Government has given approval. The market value per acre is said to be 1,25,000/-. He also makes mention that I.T.I. Board had resolved that no part of the land bearing Sy. No. 27 be granted to anybody. However, with reference to the directions issued by the Government, seeks approval from the Government for the grant of land. The Revenue Secretary by his letter dated 25-11-1988 made the following communication:
'RD 135 LGB 88
Encl: Records
Rev.Commr. and Secy. to Government,
The Deputy Commissioner,
Bangalore.
Sir,
Sub: Grant of 10 acres of land to St. Anne's Educational Society, No. 4, Miller Road, Bangalore, at Sy. No. 27, Kowdenahalli, K.R. Puram Hobli, Bangalore South Taluk.
Ref: Your letter No. LND(S)CR/205/87-88, dated 7-9-1988.
With reference to the above, I am directed to convey the approval of Government for grant of 10-00 acres of land at Sy. No. 27 of Kowdenahalli Village, KR. Puram Hobli, Bangalore South Taluk to the St. Anne's Educational Society, No. 4, Miller Road, Bangalore under Rule 10(3) of the Karnataka Land Grant Rules, 1969. The cost of the land is fixed at 50% of the market value of Rs. 1,25,000/- (Rupees one lakh twenty-five thousand only) and to recover other charges from the institution as per rules. The connected records are returned herewith.
Yours faithfully,
Sd/-
(Bettaveeraiah)
Under Secretary to Government,
Revenue Department'.
8. Thereupon the Deputy Commissioner made an order dated 6-1-1989 in the following manner:
'LND(S)CR 205/87-88 Dated 6-1-1989
Subject: Grant of land in S. No. 27 of Kowdenahalli Village, K.R. Puram Hobli in favour of St. Anne's Educational Society, No. 4, Miller Road, Bangalore.
Ref: Government Letter No. RD 135 LGB 88, dated 25-11-1988.
Preamble:
Government in its letter dated 25-11-1988 under reference cited above has conveyed the approval for grant of 10-00 acres of land in Sy. No. 27 of Kowdenahalli Village, K.R. Puram Hobli, Bangalore South Taluk to the St. Anne's Educational Society, No. 4, Miller Road, Bangalore under Rule 10(3) of Karnataka Land Revenue Rules 1969. The cost of the land is fixed at 50% of the market value of Rs. 1,25,000/- per acre.
Government in its another letter of the same number dated nil which has been received on 3-1-1989 the approval for exemption of conversion charges for the above 10-00 acres of land is also conveyed under Rule 108-I of the Karnataka Land Revenue, Rules, 1966.
ORDER
By the circumstances stated above, the land measuring 10-00 (ten acres) in Sy. No. 27 of Kowdenahalli Village, K.R. Puram Hohli, Bangalore South Taluk is sanctioned for non-agriculture purpose in favour of St. Anne's Educational Society, No. 4, Miller Road, Bangalore, subject to payment of 50% of the market value and other charges as per rules and subject to the condition laid down in the said Government letters which are enclosed strictly in accordance with the provisions of Karnataka Land Grant Rules and the circular instructions issued by the Government time to time.
The Tahsildar, Bangalore South Taluk to recover the market value and other charges and hand over the possession to the institution.
Sd/-
Special Deputy Commissioner
6-1-1989
Copy to the:
(1) Revenue Commissioner and Secretary to Government, R.D., M.S. building, Bangalore.
(2) The Assistant Commissioner, Bangalore Sub-Division, Bangalore for information.
(3) The Tahsildar, Bangalore South Taluk along with original records for taking necessary action.
(4) The Principal, St. Anne's Junior College for Girls, No. 4, Miller Road, Ramamurthy Nagar, Bangalore.
Sd/-
Special Deputy Commissioner
6-1-1989'
9. The Special Deputy Commissioner has filed two affidavits swearing to the details of facts and circumstances leading to the grant of the land and also furnished chronology of events relating to grant of 10 acres of land in Sy. No. 27.
10. From the contents of the chronology of events, and the affidavit filed by the Special Deputy Commissioner it becomes explicitly evident that earlier to the request made by the appellant, Sri Jagadguru Basava Seva Samithi and I.T.I. Notified Area had requested for grant of land in Sy. No. 27. Pursuant to the said request, a report from the Tahsildar was obtained, who opined that the land is a tank bed area and required for public purpose. Therefore, the application of Sri Jagadguru Basava Seva Samithi and I.T.I. Notified Area are still pending and no final orders are passed.
11. It may be pertinent to note that Rule 17-A of the Land Grant Rules deals with the procedure for grant of lands for non-agricultural purposes. The provisions are extracted hereunder for convenient reference:
'17-A. Procedure for grant of land for non-agricultural purposes.--(1) Any person desiring the grant of land for any non-agricultural purposes shall make an application to the Tahsildar of the taluk in which the land is situated furnishing the following particulars.--
(i) name, age (if the applicant is an individual) and address;
(ii) the extent and particulars of land applied for, namely, survey number, village, taluk and sub-division in which the land is situated;
(iii) if the applicant is an individual, whether he or any member of his family had previously applied for the said land, if so, the particulars of such application;
(iv) the particulars of any land previously granted;
(v) if the applicant is an individual, the particulars of any land previously granted to any member of his family;
(vi) the purpose for which the land is required.
(2) On receipt of such application, the Tahsildar shall cause the particulars of the application to be entered in a register to be kept for the purpose. The Tahsildar shall make such enquiry as he thinks fit with a view to satisfy himself that the applicant has bona fide intention of using the land for the purpose for which it has been applied for. If the land applied for is available for grant, the Tahsildar shall submit a report to the Deputy Commissioner along with the application and the connected records'.
12. In the instant case, obviously the required procedure for seeking grant of land has not been followed by the appellant. It is mandatory that any person desirous of seeking grant has to make an application in the manner provided under Section 17(c), thereupon, suo motu or on the recommendations of the Divisional Commissioner or Deputy Commissioner in order to obviate any of the impediments, Government by an order direct relaxation of any of the provisions of the Karnataka Land Grant Rules under Rule 27. In the instant case, obviously no legal procedure is followed. Intimation of approval of the Government for grant appears to have been done in haste, even before any of the required preliminaries came into being.
13. The Counsel for the appellant submitted that under Rule 21, the Deputy Commissioner has discretion to grant land up to any extent to any religious or charitable institution with the prior approval of the State Government for non-agricultural purposes. Even for invoking the aid of Rule 21, it is essential that the application under Rule 17-A should have been made in the manner provided. Besides, it is evident from the records that there were rival claimants viz., Sri Jagadguru Basava Seva Samithi which is also a religious and charitable institution. The I.T.I. Notified Area Committee, a statutory body had also made a request and their requests are kept in abeyance. From the sequence of events narrated above, it is evident that the discretion to be exercised by the authorities under the Land Grant Rules has been usurped by the Government without compliance of the legal formalities and apparently, compulsive direction was issued through Revenue Secretary to the Deputy Commissioner with a blanket direction to grant land leaving no room for application of mind and exercise of discretion by the Deputy Commissioner. It is pertinent to note that in respect of earlier applications when the matter came to be referred to Tahsildar, it was opined that the said land is required for public purpose and as such the said reports are kept pending. In that view, we find that the provisions of Rule 21 also cannot usefully come to the aid of the appellant to sustain the order of grant.
14. As rightly observed by the learned Single Judge under Rule 108-I, a tank bed land cannot be granted. The provisions of the said rule is extracted hereunder for convenient reference:
'108-I. Certain lands not to be granted.--Notwithstanding anything contained in this chapter, lands assigned for special purposes under Section 71 of the Act, and lands described in revenue records, as Devarakadu, Urduve, Gunduthop, tank bed, Phut Kharab halla, datereserve, burial-grounds and such lands, which in the opinion of the Government is required for, public purpose, shall not be granted: Provided that the provisions of this rule shall not apply to lands set apart for free pasturage under Section 71 of Karnataka Land Revenue Act which will be governed by Rule 97'.
15. The close reading of the provisions indicate three broad categories of lands. The lands assigned for special purposes under Section 71 of the Act are, the first category, the lands described in revenue records as Devarakadu, Gunduthop, tank bed, Phut Kharab halla, burial-grounds are second category of lands and such lands which are in the opinion of the Government is required for public purpose are the third category of lands and in respect of the said lands a legislative injunction against the grant is envisaged under Rule 108-I. The lands set up for pasturage, which come within the purview on Section 71 are exempted from the rigours of the rule. Insofar as the 2nd category of lands under the rule, they stand out distinctly from the lands that come within the purview of third category, within the meaning of ' 'such lands' which are in the opinion of the government is required for different purposes'. The lands covered under second category, shall under no circumstances is permitted to be granted. The present land in question being a tank bed, under the Land Revenue Rules, it could not have been granted at all. Besides, the State Government by exercise of powers under Rule 27 of the Land Grant Rules, also cannot grant land, which are prohibited under Rule 108-I of the Karnataka Land Revenue Rules. The power of relaxing any of the provisions of the Rules under Rule 27 of the Land Grant Rules would mean only the rules relating to the Karnataka Land Grant Rules and not beyond.
(emphasis supplied)
16. In that view of the matter, the grant made by the Deputy Commissioner pursuant to the dictates of the Government is contrary to the provisions of the Land Grant Rules and provisions of Rule 108-I of the Karnataka Land Revenue Rules.
17. Therefore, we find no merit in the appeal. Accordingly, the appeal is dismissed.