Karnataka Dharwad Court June 2012 Judgments

Amit NitIn Shirgurkar and Another Vs. the Belgaum Urban Development Au ...

Court: Karnataka Dharwad

1. The petitioner in Writ Petition No.68630/2011 is the owner of the land bearing Sy.No.116/1 measuring 36 guntas situated at Belgaum. The Comprehensive Development Plan (CDP for short) in respect of Belgaum City was published by the concerned planning Authority in the official Gazette on 13.1.1994. In the CDP, the land in question was earmarked and designated as open space. The said opens pace was not acquired for a period of five years from the date of publication of the CDP. The petitioner made an application before the planning Authority praying for permission to utilize the land for residential purpose.The planning Authority acting under Section 69(2) of the Karnataka Town and Country Planning Act. 1961 (the Act for short) permitted the petitioner to utilize the land bearing Sy.No.116/1 for residential purpose since the designation assigned to the land in question has lapsed after five years. Thereafter the petitioner made an application before the Deputy Commissioner for conversi...