Karnataka High Court Upholds Government's Stand on Issuance of e-Khata for Unsanctioned Layouts
Court dismisses petition seeking e-khata for sites not part of approved layouts under Karnataka Town and Country Planning Act, 1961
In a significant ruling, the Karnataka High Court, presided over by Mr. Sachin Shankar Magadum, J., has dismissed a writ petition filed by U. Mamatha against the State of Karnataka Urban Development Department, seeking the issuance of an e-khata for sites not part of sanctioned layouts. The court reaffirmed the statutory mandate under Section 17(2B) of the Karnataka Town and Country Planning Act, 1961, which prohibits the issuance of e-khata for sites carved out of converted lands not forming part of an approved layout.
The petitioner, U. Mamatha, had purchased a site in Holalkere Town and applied for an e-khata from the local municipality. However, the application was rejected based on government circulars that prohibit such issuances unless the layout plans are sanctioned by the competent planning authority. The petitioner's appeal for a writ of mandamus directing the issuance of the e-khata was also rejected by the court.
The court underscored that a writ of mandamus can only be issued where there exists a legal obligation on the authority and a corresponding legal right vested in the petitioner. In this case, the court found neither existed, as the site did not form part of a sanctioned layout.
Furthermore, the court highlighted the necessity for a comprehensive policy by the State Government to regulate transactions involving sites in converted lands that are not part of sanctioned layouts. It emphasized that without such guidelines, courts cannot bypass statutory mandates in individual cases.
In its decision, the court noted the increasing instances of purchasers acquiring sites in unsanctioned layouts and stressed the importance of legislative measures to ensure orderly urban development and prevent the proliferation of illegal layouts that burden public infrastructure.
The court's ruling affirms the importance of adhering to statutory requirements for urban planning and development, and serves as a reminder of the legal limitations on the issuance of e-khata in Karnataka.
Bottom Line:
Issuance of e-khata for sites not part of sanctioned layouts is impermissible under Section 17(2B) of the Karnataka Town and Country Planning Act, 1961, and Government Circulars. A writ of mandamus cannot be issued when no legal obligation is cast on the authority and no legal right vests in the petitioner.
Statutory provision(s): Karnataka Town and Country Planning Act, 1961 - Section 17(2B)
