The city of Bangalore
is growing and is identified as the fastest growing city in India
Karnataka Land Revenue Act, 1966 has prescribed
the procedure for converting agricultural lands to non-agricultural purpose,
under sections 95, 96, 97, and 98, of the Act. This is a social legislation
aimed more at protecting the agriculturists and farmers than encouraging
non-agricultural activities in the agricultural lands.
Any owner of the land, which is
assessed or held for agricultural purpose, who wants to divert such land and
any part of such land for non-agricultural purpose shall apply for permission
to the Special Deputy Commissioner who is the concerned authority in Bangalore
Urban and Rural District. The purpose of
use of land must be specific and the Deputy Commissioner may grant
permission-imposing conditions or may refuse to grant permission for such
conversion. However, he shall not refuse
the permission in case of lands included in outline Development Plan or the
Comprehensive Development Plan or the Comprehensive Development Plan published
under Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963)
provided such conversion is in accordance of land use specified in such
plan.
According to notification RD/7/LGP/95 dated
7/6/99, published in Karnataka Gazette extraordinary dated 8/6/99, the
application for conversion has to be submitted in duplicate to the
jurisdictional Tahsildar, who will forward the same to the sanctioning
authority. Any additional information required has to be intimated to the
applicant within one week of receipt of the application. The Tahsildar shall
verify that only the owner has applied for permission and conversion of land
does not defeat the provisions of Karnataka Land Reforms Act, Land Grant Rules,
Prohibition of Transfer of Certain Lands Act, Rules pertaining to green belt
and the land is not notified for acquisition. The burden of verification
regarding complicity, violation of the above laws rests solely with the
Tahsildar and the applicant shall not be asked to produce any document
pertaining to the same.
The Tahsildar shall forward the application to
the jurisdictional Deputy Commissioner within 15 days of receipt of the
application along with a revenue sketch of the area proposed for conversion,
the Deputy Commissioner in turn will inspect the lands to satisfy himself that
the conversion does not cause any public nuisance or violate the existing
provisions of any law.
If the conversion is permitted, then the
applicant will be issued a notice to pay the requisite fine within fifteen days
of the notice.
The Deputy Commissioner may refuse permission
on grounds that the conversion would defeat the provisions of law in force or
is likely to cause public nuisance or is not in the interest of the general
public or that the owner is not able to or unwilling to comply with the
conditions imposed.
The Deputy Commissioner may impose such
conditions as may be necessary to secure health, safety and convenience and
restrict the dimensions, arrangements and ensure that accessibility to building
sites are adequate for the health and convenience of the occupants, and that it
is suitable to the location and do not contravene the provisions of any law
relating to the Town and Country Planning or erection of buildings.
Any applications for conversion of agriculturallands shall be made only by the owner, unless otherwise directed by Deputy
Commissioner. The conversion of land attracts fine as per Rule No. 107 of
Karnataka Land Revenue Rules, 1966.
The prior notice of conversion of agriculturalland shall be made in the prescribed form 21-A. The applicant shall also
enclose the challan for having paid the fine computed in accordance with the
prescribed rules to the concerned treasury. Such notice has to be given to the
jurisdictional Tahsildar with an undertaking to pay the balance fine, if any,
with the full description of land is to be diverted.
As per Rule 108 of Karnataka Land Revenue Rules
1966, no fine can be imposed an appropriation of agricultural lands made over
or acquired under Land Acquisition Act at the instance of a government
department, Municipal Council, Local Board, Village Panchayat, Charitable
Education Institution for charitable or public purpose, from which the
government or such statutory authorities do not derive any profit and the land
is used for the purposes of construction of school building, laying of play
grounds, hospitals, dispensaries or rest houses. Similarly, the fine cannot be
imposed, lands acquired for extension of village or improvement of village
sanitation at the instance of village Panchayat, for construction of houses by
Karnataka Housing Board, for making market yards under Karnataka Agricultural
Produce Marketing Regulation Act, 1966, Land proposed to be converted for
poultry farming.
The State Government has powers to declare certain areas within the
prescribed limits as green belt area to protect and improve the environment. In
green belt areas only agricultural and related activities are permitted and
conversion of agricultural land for any other purpose is not permitted.
The Deputy Commissioner has to inform the applicant
of his decision within four months from the date of receipt of the application.
If no decision is conveyed, it is deemed that permission for conversion of land
has been granted. The conversion of land for non-agriculture is subject to
payment of the fine imposed by the Deputy Commissioner. The conversion is only
for a specific non-agricultural purpose for which it was permitted. The land
has to be assessed for non-agricultural purpose.
PENALTY FOR CONVERSION OF
AGRICULTURAL LAND WITHOUT PERMISSION
The Karnataka Land Revenue Act, 1966 has
prescribed severe penalty in case of violation of the prescribed procedures and
conversion of land to non-agricultural purpose without permission from
concerned authority. In such cases, the Deputy Commissioner will serve a notice
on the person responsible for such conversion directing him to use the land for
original purpose, and to remove any constructions made on the land, to fill up
any excavations, to take necessary steps to restore the land to its original conditions
within certain time. He may also impose a fine of Rs. 1000/- and further
penalty of Rupees 25/- for each day during which the contravention continues.
If the concerned person fails to comply with
the orders, the Deputy Commissioner himself may take steps; he may summarily
evict the person and forfeit any structure there on or remove them. Any
expenses incurred in this regard are liable to be recovered in the same manner
as arrears of land revenue. He may also compound such conversion of land on payment
of prescribed amount. Such amount may be different for different areas and for
different purposes. Any violations of conditions prescribed by the Deputy
Commissioner for conversion of land also attract similar penalties. That is, if
the conversion is permitted for residential purpose, using the said land for
industrial purpose is violation and invites penal action.
The Deputy Commissioner has certain special
powers to grant permission to divert land on certain terms and conditions as
agreed between parties. However, such permission is subject to following
conditions. The relevant section is 98; such permission is for temporary
period.
(1) The period of permission shall not
exceed the period specified in the licence or one year whichever is less.
Further such period shall not be extended.
(2) The land shall be utilized only for
which permission is granted.
(3) The land should not alienated during
period for which permission is granted.
(4) Any other terms and conditions may
be imposed in addition to above.
(5) The land shall be used duly for the
purpose for which licence is granted.
(6) The special permission is liable to
be cancelled in case of any violations of the terms imposed.
The Deputy Commissioner permits only conversion
of land to non-agricultural purpose. It does not summarily permit to use the
land for non-agricultural purpose, unless necessary permission by competent
authorities like local bodies, BDA, BMRDA, Urban Development Authorities,
Pollution Control Boards etc. are obtained. The Tahsildar should send the details
of the conversion of land to non-agricultural purpose to village accountant and
the details of conversion, order reference, extent of land converted have to be
reflected in land records, such as RTC etc.,
No comments:
Post a Comment