AIR 1995 SUPREME COURT 234 ::1994 AIR SCW 4301 ::1994 AIR SCW 4305 ::1995 (1) SCC 295 ::(1994) 4 CurCriR 775 ::1995 (1) SCC 42 ::(1994) 3 RecCriR 657 ::1995 CriLR(SC MAH GUJ) 114 ::(1994) 3 AllCriLR 435 ::(1995) 3 Bom CR 4 ::(1995) 1 Mah LJ 432 ::(1995) 1 SCJ 397 ::(1995) 1 SCJ 326 ::1995 ALLAPPCAS (Cri) 86 ::(1995) 2 Guj LH 57 ::(1995) 32 AllCriC 25 ::1995 SC CriR 362 ::1994 (6) JT 567 ::(1994) 6 JT 562 (SC)

Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): P. B. Sawant, S. C. Agrawal , JJ

(A) Karnataka Land Revenue Act (12 of 1964) , S.95(2)— Use of agricultural land for non-agricultural purpose - Permission - Provision under S. 95 is mandatory. Interpretation of Statutes - Object of statute.Decision of Karnatka High Court, Reversed.(1968) 1 Kant LJ 310, Overruled. Karnataka Land Reforms Act (10 of 1962) , S.2(18)— The obvious purpose of S.95 is to prevent indiscriminate conversion of agricultural land for non-agricultural use and to regulate and control the conversion of agricultural land into non-agricultural land. Section 83 of that Act provides for different rates of assessment for agricultural and non-agricultural land. That provision strengthens the presumption that agricultural land is not to be used, as per the holder's sweet will, for non-agricultural purposes. This is also clear from the absence of any permission to convert non-agricultural land into agricultural land. In a country like ours, where the source of livelihood of more than 70 percent of the population is agriculture, the restriction placed by the Revenue Act is quite understandable. Such provision and restriction are found in the Revenue Acts of all the States in the Country. The provisions has, therefore, to be construed as mandatory and given effect to as such.(Para 2 3) In the instant case land was ne....