Agricultural lands
cannot be used for residential purpose, until such lands have been converted
from agricultural to non-agricultural residential purpose. Special Deputy
Commissioner is the competent authority to order for such conversion after
paying requisite conversion charges. A site formed on the agricultural land,
without conversion is called Revenue Sites. It is only after conversion of the
agricultural land, layout can be formed. However, Layout has to be approved
only by the competent authorities. BDA is the competent authority to approve
layouts formed in the urban or rural areas in Bangalore ,
while BMRDA can approve layouts formed outskirts of Bangalore . However, to obtain approval for
formation of layout, compliance of rules and regulations contemplated by BDA or
BMRDA regarding road width, residential area, civic amenities, other amenities
have to be fulfilled.
Zonal
Regulations
As per zonal regulation
of comprehensive development plan, certain extent of land will be considered as
green belt area which must be used only for agricultural activities. Agriculturallands not converted continue to be an agricultural land and there are various
restrictions on sale and purchase of such agricultural land.
Purchase of Revenue
Site
There
are many instances wherein people buy a revenue site without knowing the legal
implications involved in buying such sites. The intending purchasers most
commonly approach middlemen or local brokers, who, with their marketing skills
persuade them to buy such revenue sites, concealing vital defects and flaws in
the title of the owner. Ultimately, it is the innocent purchaser who faces the
legal battles for defending their property.
Acquisition
and Granted Land:
Apart
from the site being formed on the agricultural land, there are several
instances where the land would have been notified for acquisition by certain
statutory authorities or may even be land granted for schedule caste/schedule
tribe. In any such circumstances, if sites are formed on such land without
obtaining any prior approval from the competent authorities, the purchaser of
such a site would not get any valid title over the property. Infact, law
stipulates that the lands granted to the schedule castes, will revert back to
the grantee himself if purchased in violation of certain mandatory provisions
envisaged under the statute.
Form
9 and Form 10
Property falling under the
village Panchayath area, which has been marked as Gramathana area in the
Village Map by the Survey Department and having Form No.9 and 10 is considered
to have genuine site status. Form No.9 and10 is issued for the property coming
under Gramathana village Panchayath area. Further, though the form nos. 9 &
10 mention the site number and area in square feet, the original records
continue to identify the property by mentioning survey numbers and extent of
the land in Acres and Guntas. In such case, it would be very difficult to
identify the exact site, its area and boundaries and link with form no.9 &
10. Added to this, the middlemen, in connivance with some of the revenue
officials have involved in creating bogus Forms No.9 and 10 and on the basis of
such forms, properties are being conveyed in favour of innocent purchasers.
It is
not permitted under law to form layouts and sell the sites in the agriculturalland or green belt area since even after conveying such sites RTC (Record of
Rights, Tenancy and Crop Inspection) reflects the name of the original
landowners as the Kathedar.
Loan facility
If
the title deeds are not clear and does not establish marketable title, it is very
difficult to obtain bank loans for construction by creating mortgage on such
sites. Generally, these sites are situated on the city outskirts. Generally infrastructure
will be very poor with no proper roads, electricity or water supply. Further, scope
for improvement of infrastructure and providing civic amenities is also very less.
Inspite of all these, if the purchaser buys such sites, the original landowner
will appear from nowhere and start cultivating the area soon after the prices
starts rising high. The purchaser will then find it difficult to identify his
property since the boundaries prevailing at the time of purchasing the site
would be removed. In such cases, the only remedy available for those aggrieved
is to approach court of law. Infact, only a fraction of the deceived purchasers
feel that the laws are helpful under such circumstances.
Hence,
it is advisable for the buyers to invest their hard earned money on the sites
that has been approved by the competent authorities and does not attract any
violation of provision of law pertaining to Law Revenue Rules, Land Reforms Act
or other relevant laws. An experienced advocate would give better guidance since
the documents pertaining to the property would be diligently and thoroughly
scrutinized by an Advocate before the purchaser proceeds to buy the property
without involvement of any kind of legal complications and dream to own a house
would become a reality.
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