Act Info:
Subject to such rules as may be made by the State Government in this behalf, the Deputy Commissioner may require the payment of a price for unalienated land or sell the same by auction and annex such conditions to the grant as he may deem fit before permission to occupy such land is given under section 93. The price, if any, for such land shall include the price of the Government's right to all trees not specially reserved under the provisions of section 75, and shall be recoverable as an arrear of land revenue.
Section 92 - Grant of alluvial land vested in Government
(1) When it appears to the Deputy Commissioner that any alluvial land, which vests under section 81 in the State Government may, with due regard to the interests of the public revenue, be disposed of, he shall offer such land to the holder or occupant, if any, of the bank or shore on which such alluvial land has formed.
(2) The price of the land so offered shall not exceed three times the annual assessment thereof.
(3) If the said holder or occupant shall refuse the offer, the Deputy Commissioner may dispose of the land under section 91 without any restrictions as to the price thereof.
Section 93 - Permission for taking up unoccupied land
(1) No person shall take up an unoccupied land which is not alienated unless he has obtained, before entering upon such occupation, the permission in writing of the Tahsildar of the taluk in which such land is situated.
(2) Subject to the provisions of section 91, and such rules as may bemade by the State Government in this behalf, the Tahsildar may grant to any person desirous of taking up an unoccupied land the permission required under sub-section (1).
Section 94 - Penalties for unauthorised occupation of land
(1) Any person who shall unauthorisedly enter upon the occupation of any land set apart for any special purpose or any unoccupied land which has not been alienated and any person, who uses or occupies any such land to the use or occupation of which he is not entitled or has ceased to be entitled, shall pay twice such amount of assessment for every year of his unauthorised occupation, as would be leviable in the same village on the same extent of similar land used for the same purpose; and shall also be liable, at the discretion of the Deputy Commissioner, for every year of his unauthorised occupation, to a fine not exceeding five hundred rupees per acre, if such occupation has been for the purposes of cultivation, and not exceeding one thousand rupees per acre, if such occupation has been for any nonagricultural purpose.
1 [(2) the Deputy Commissioner, in determining the amount of assessment and the fine under sub-section (1), shall count occupation for a portion of a year as whole year.]
(3) Notwithstanding anything contained in the 2 [Karnataka] Public Premises (Eviction of Unauthorised Occupants) Act, 1961 (2 [Karnataka] Act 3 of 1962), the person unauthorisedly occupying any such land shall also be summarily evicted by the Deputy Commissioner and any crop including trees, raised in the land shall be liable to forfeiture, and any building or other construction erected thereon shall also, if not removed by him after such written notice as the Deputy Commissioner may deem reasonable, be liable to forfeiture or to summary removal.
(4) Forfeitures under this section shall be adjudged by the Deputy Commissioner and any property so forfeited shall be disposed of, as the Deputy Commissioner may direct and the cost of the removal of any encroachment under this section shall be recoverable as an arrear of land revenue.
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1. Substituted by Act 33 of 1994 w.e.f. 6.7.1994.
2. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
Section 94A - Regularisation of certain cases of unauthorised occupation by constituting committee etc
1 [94A. Regularisation of certain cases of unauthorised occupation by constituting committee etc.
(1) Subject to such rules as may be prescribed, the State Government shall, by notification, constitute for each taluk a committee consisting of such number of members 2 [not exceeding five] of whom one shall be a member of Legislative Assembly for the purpose of grant of land under sub-section (4).
(2) The Tahsildar of the concerned taluk shall be the Secretary of the committee.
3 [(2A) The State Government may, if it is of the opinion that it is necessary, constitute one or more additional committees for a taluk for the purpose of grant of land under sub-section (4) consisting of such number not exceeding five, as may be prescribed and the State Government shall nominate from among the members one of them as the Chairman and another as the Secretary of the committee. When an additional committee is constituted, the Deputy Commissioner shall determine the jurisdictions of the committee and the additional committee and transfer the pending applications to the respective committee.]
(3) The 4 [committee or additional committee] shall follow such procedure as may be prescribed.
(4) Nothing in section 94 shall prevent the committee constituted undersub-section (1), 3 [or additional committee constituted under sub-section (2A)], but subject to such rules as may be prescribed, if any, to grant to the person liable to be evicted under that section, the land which he had unauthorisedly occupied prior to the fourteenth day of April, 1990 (hereinafter referred to as the said date) or any portion thereof, if he satisfies the prescribed conditions (including the extent of the land held and unauthorisedly occupied by him) and makes within a period of six months from the date of commencement of the Karnataka Land Revenue (Amendment) Act. 1990 (hereinafter referred to as the Amendment Act), an application for such grant in such form along with such fees as may be prescribed and on payment of the amount payable under sub-section (5):
Provided that the land so granted together with the land already held by such person, shall not exceed two hectares of 'D' class of land or its equivalent thereto:
Provided further that no land shall be granted in the areas lying within the limits of Cities and City Municipalities specified in column (2) of the Table below and within the distance from such limits specified in the corresponding entries in column (3) thereof:
TABLE
| Sl. No. | Places | Distances |
| 1 | 2 | 3 |
| 1. | Bangalore City under the Karnataka Municipal Corporations Act, 1976. | 18 Kms. |
| 2. | The Cities of Belgaum, Gulbarga, Hubli--Dharwad, Mangalore and Mysore respectively under the provisions of Karnataka Municipal Corporations Act, 1976. | 10 Kms. |
| 3. | All City Municipalities 1 [having more than fifty thousand population and constituted] under the Karnataka Municipalities Act, 1964. | 5 Kms. |
3 [Provided also that a person who has unauthorisedly occupied the land, falling within the distance of five kilometres from the limits of the city municipality having less than fifty thousand population, prior to the 14th day of April, 1990, shall make an application for such grant, within three months from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1994.]
Provided that nothing in this section shall apply to Forest lands, plantation lands or lands referred to in sub-section (2) of section 79.
Explanation.--For the purpose of this section, 'D' class of land means 'D' class of land or an extent equivalent thereto consisting of one or more classes of land, as specified and determined in accordance with the formula in Schedule I to the Karnataka Land Reforms Act, 1961.
(5) The amount payable for the grant of land under sub-section (1) 3 [sub-section (2A)] shall be such as may be prescribed.
(6) Notwithstanding anything contained in the preceding sub-section,--
4 [(a) The Tahsildar concerned shall issue the order of grant of land, on the recommendations of the committee or additional committee, as the case may be, if any, and issue the saguvali chit. The amount payable, if any, shall be paid in three equal instalments of which the first one shall be paid before the expiry of a period of thirty days from the date of communication of the order of grant and the remaining two within such period as may be prescribed; and]
5 [(b) x x x]
(c) the trees, if any, standing on the land granted and the granite in suchland shall continue to belong to the Government, which may at its discretion be disposed off by it, in such manner as it may deem fit.]
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1. Inserted by Act 2 of 1991 w.e.f. 20.3.1991 by notification. Text of the notification is at page 554.
2. Substituted by Act 21 of 1991 w.e.f. 7.8.1991 by notification. Text of the notification is at page 554
3. Inserted by Act 33 of 1994 w.e.f. 6.7.1994.
4. Substituted by Act 33 of 1994 w.e.f. 6.7.1994.
5. Omitted by Act 33 of 1994 w.e.f. 6.7.1994.
Section 94B - Grant of land in certain cases
1 [94B. Grant of land in certain cases
(1) Notwithstanding anything contained in this Act, if the Deputy Commissioner or other officer authorised by the State Government in this behalf is satisfied after holding such enquiry as he deems fit, that a person,--
(i) has, prior to the fourteenth day of April 1990 un--authorisedly occupied any land including land referred to in sub-section (2) of section 79 from which he is liable to be evicted under section 94; and
(ii) being eligible to grant of such land under section 94A has failed to apply for such grant under sub-section (4) of the said section within the period specified therein; and
Provided that nothing in this clause shall apply to a person who has become eligible for grant of land by virtue of the Karnataka Land Revenue (Amendment) Act, 1997;
(iii) has continued to be in actual possession of such land on the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1997: --he may 2 [within three years from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 2000] and subject to such rules, as may be prescribed make recommendations to the Committee or the Additional Committee, as the case may be constituted under section 94A and such Committee may on receipt of the recommendation grant the land to such person:
Provided that if an application made under section 94A by any other person for grant of the same land is pending consideration under that section the Committee, or the Additional Committee, as the case may be, shall consider the claim of such other person before granting the land under this sub-section:
Provided further that where prior approval of the Central Government under section 2 of the Forest Conservation Act, 1980 (Central Act 69 of 1980) is required for grant of any land under this section, such grant shall not be made without such prior approval.
(2) The provisions of the first proviso, second proviso, including the tableand the Explanation in sub-section (4) and of sub-sections (5) and (6) of section 94A shall apply mutatis mutandis in respect of the grant of land made under sub-section (1).
(3) Nothing in this section shall apply to forest land except any land referred to in sub-section (2) of section 79 which is classified as forest land.]
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1. Inserted by Act 22 of 1998 w.e.f. 1.11.1998 by notification. Text of the notification is at page 555.
2. Substituted by Act 15 of 2000 w.e.f. 27.4.2000.
Section 94C - Grant of land in case of construction of dwelling house in occupied land
1 [94C. Grant of land in case of construction of dwelling house in occupiedland
Notwithstanding anything contained in this Act and except as hereinafter provided in this section the prescribed authority, if satisfied after holding such enquiry as it deems fit that any person is in unauthorised occupation of any land belonging to the Government and has constructed a dwelling house on such land, since prior to the fourteenth day of April, 1998 may on an application made to it by such person within such period in such form along with such fee and on payment of such amount, as may be prescribed grant in such manner and subject to such restriction and conditions as may be prescribed such land to the extent covered by the house to be specified in the order of grant:
Provided that nothing in this section shall apply to forest land:
Provided further that nothing in this section shall apply to any unauthorised construction made on Government land and in respect of which application is made under the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991.]
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1. Inserted by Act 26 of 1999 w.e.f. 1.1.2000 by notification. Text of notification is at page 555.
Section 95 - Uses of agricultural land and the procedure for use of agricultural land for other purpose
(1) Subject to any law for the time being in force regarding erection of buildings or construction of wells or tanks, an occupant of land assessed or held for the purpose of agriculture is entitled by himself, his servants, tenants, agents, or other legal representatives, to erect farm buildings, construct wells or tanks, or make any other improvements thereon for the better cultivation of the land or its more convenient use for the purpose aforesaid.
(2) If any occupant of land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose, he shall 1 [notwithstanding anything contained in any law for the time being in force] apply for permission to the Deputy Commissioner who may, subject to the provisions of this section and the rules made under this Act, refuse permission or grant it on such conditions as he may think fit.
2 [Provided that the Deputy Commissioner shall not refuse permission for diversion of such land included in the Outline Development Plan or the Comprehensive Development Plan published under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), if such diversion is in accordance with the purpose of land use specified in respect of the land in such plan.]
3 [4 [Provided further that] in Dakshina Kannada District, subject to any law for the time being in force regarding erection of buildings or the construction of wells or tanks, an occupant of 4 [dry (punja) land, wet land or garden land] who is not,--
(a) a person registered or liable to be registered as an occupant of such land under section 48A of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962); or
(b) a grantee of such land under section 77 of the said Act, may, without obtaining the permission required under this sub-section and notwithstanding anything contained therein, divert such land or part thereof to any other purpose after sending a prior notice in that behalf, in the prescribed form to the Tahsildar and paying in the prescribed manner, the fine prescribed under sub-section (7).]
(3) Permission to divert may be refused by the Deputy Commissioner on the ground 4 [that the diversion is likely to defeat the provisions of any law for the time being in force or that it is likely to cause a public nuisance] or that it is not in the interests of the general public or that the occupant is unable or unwilling to comply with the conditions that may be imposed under sub-section (4).
5 [(3A) The State Government may, with a view to protecting and improving the environment, by notification declare as Green Belt any area lying within the limits of or within the prescribed distance from the limits of the Cities under the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) or City Municipalities, Town Municipalities and Notified Areas constituted or deemed to be constituted under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) and different distances may be so prescribed for each such City, City Municipality, Town Municipality or Notified Area.
(3B) Notwithstanding anything contained in this section, no permission shall be granted to divert any land or part thereof assessed or held for the purpose of agriculture lying within the limits of the Green Belt to any other purposes.]
(4) Conditions may be imposed on diversion in order to secure the health,safety and convenience, and in the case of land which is to be used as building sites, in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality and do not contravene the provisions of any law relating to town and country planning or the erection of buildings.
(5) Where the Deputy Commissioner fails to inform the applicant of hisdecision on the application made under sub-section (2) within a period of four months, from the date of receipt of the application, the permission applied for shall be deemed to have been granted.
(6) Unless the Deputy Commissioner shall, in any particular instance otherwise direct, no application under sub-section (2) shall be recognised unless it is made by the occupant.
6 [(6a) In Dakshina Kannada District, Kodagu District, and Kollegal Taluk of Mysore District where any land assessed or held for purposes of agriculture has been diverted or used for any other purposes, before the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1981, the land so used together with the land appurtenant to any building (other than a farm house) therein, not exceeding three times the built area of such building, shall with effect from such date be deemed to have been permitted to be used for purposes other than agriculture.]
7 [(7) When any land assessed or held for the purpose of agriculture is permitted under sub-section (2) 3 [or is diverted under the 8 [provisos] to the said sub-section] or is deemed to have been permitted under sub-section
(5) or sub-section (6a), to be used for any purpose unconnected with agriculture, the Deputy Commissioner may, subject to such rules as may be made by the State Government in this behalf, require the payment of a fine. No assessment shall be leviable on such land thereafter except under sub-section (2) of section 83.
Explanation.--For the purpose of this section, "occupant" includes a mulgeni tenant or a permanent tenant.]
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1. Inserted by Act 2 of 1991 w.e.f. 15.1.1965.
2. Inserted by Act 2 of 1991 w.e.f. 20.3.1991.
3. Inserted by Act 20 of 1983 w.e.f. 28.6.1983.
4. Substituted by Act 2 of 1991 w.e.f. 20.3.1991.
5. Inserted by Act 23 of 1984 w.e.f. 28.4.1984.
6. Inserted by Act 42 of 1981 w.e.f. 2.10.1980.
7. Substituted by Act 42 of 1981 w.e.f. 2.10.1980.
8. Substituted by Act 2 of 1991 w.e.f. 20.3.1991.
Section 96 - Penalty for using agricultural land for other purpose without permission
(1) If any land assessed or held for the purpose of agriculture be diverted or used for any other purpose without the permission of the Deputy Commissioner, or before the expiry of the period prescribed in subsection (5) of section 95, the Deputy Commissioner may summarily evict the occupant and the person responsible for the diversion from the land so diverted and any building or other construction erected thereon shall also, if not removed after such written notice as the Deputy Commissioner may deem reasonable, be liable to forfeiture or to summary removal. The occupant and the person responsible for the diversion shall also be liable to pay, such penalty not exceeding one thousand rupees as the Deputy Commissioner may, subject to the rules made by the State Government in this behalf, direct.
(2) If any land assessed or held for the purpose of agriculture has beendiverted for any other purpose in contravention of an order passed or of a condition imposed under section 95, the Deputy Commissioner may serve a notice on the person responsible for such contravention directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition; and such notice may require such person to remove any structure, to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied. Subject to the orders of the State Government, the Deputy Commissioner may also impose on such person a penalty not exceeding one thousand rupees for such contravention and a further penalty not exceeding twenty--five rupees for each day during which such contravention continues.
(3) If any person served with a notice under sub-section (2) fails withinthe period stated in the notice to take steps ordered by the Deputy Commissioner under that sub-section, the Deputy Commissioner may himself take such steps or cause them to be taken; and any cost incurred in so doing shall be recoverable from such person in the same manner as an arrear of land revenue.
1[(4) Notwithstanding anything contained in this section, when any land assessed or held for the purpose of agriculture has been diverted or used for any other purpose without the permission of the Deputy Commissioner or before the expiry of the period prescribed in sub-section (5) of section 95 or in contravention of an order passed or of a condition imposed under section 95, the Deputy Commissioner may, subject to such rules as may be prescribed and subject to any law for the time being in force regarding erection of buildings or construction of wells and tanks, and subject to prescribed terms and conditions, compound such diversion or use, on payment of the prescribed amount, which may be different for different areas or for different contraventions or for different purposes for which the diversion or use is made.]
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1. Inserted by 10 of 1985 w.e.f. 8.6.1984.
Section 97 - Diversion of non--agricultural land held for a specific purpose
The provisions of sections 95 and 96 shall mutatis mutandis be applicable in respect of the diversion or use of any land held free of assessment on condition of being used for a specific non--agricultural purpose to any other non--agricultural purpose.
Section 98 - Permission may be granted on terms
Nothing in sections 95 and 96 shall prevent the granting of the permission aforesaid in special cases on such terms and conditions as may be agreed to between the Deputy Commissioner and the occupant, in accordance with and subject to the terms and conditions specified in the rules made in this behalf by the State Government.
Section 99 - Rights of occupants
An occupant is entitled to the use and occupation of his land for the period, if any, to which his tenure is limited, or if the period is unlimited, or a survey settlement has been extended to the land in perpetuity, conditional on the payment of the amount due on account of the land revenue for the same, according to the provisions of this Act or of any rules made thereunder, or of any other law for the time being in force, and on the fulfillment of any other terms or conditions lawfully annexed to his tenure:
Provided that nothing in this or any other section shall make it, or shall be deemed ever to have made it unlawful for the Deputy Commissioner at any time to grant permission to any person to occupy any unalienated unoccupied land, for such period and on such conditions as he may prescribe, subject to rules made by the State Government in this behalf, and in any such case, the occupancy shall, whether a survey settlement has been extended to the land or not, be held only for the period and subject to the conditions so prescribed.
Section 100 - Occupancy not transferable without sanction of prescribed authority nor liable to process of a Civil Court
In any case, where an occupancy is not transferable without the previous sanction of the prescribed authority and such sanction has not been granted to a transfer which has been made or ordered by a Civil Court or on which the Court's decree or order is founded,--
(a) such occupancy shall not be liable to the process of any Court and such transfer shall be null and void; and
(b) the Court, on receipt of a certificate under the hand and seal of the1[Tahsildar], to the effect that any such occupancy is not transferable without the previous sanction of the prescribed authority and that such sanction has not been granted, shall remove the attachment or other process placed on or set aside any sale of or affecting such occupancy.
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1. Substituted by Act 5 of 1970 w.e.f. 23.10.1969.
Section 101 - Occupancy right transferable and heritable
Subject to the provisions contained in section 87, and to any conditions lawfully annexed to the tenure and save as otherwise prescribed by law, an occupancy shall be deemed to be a heritable and transferable property.
Section 102 - Relinquishment
An occupant may relinquish his land, that is, resign it in favour of the State Government, but subject to any rights, tenures, encumbrances or equities lawfully subsisting in favour of any person (other than the State Government or the occupant), by giving notice in writing to the Tahsildar of the Taluk in which the land is situate, before the 31st March in any year or before such other date as may from time to time be prescribed in this behalf, by the State Government, and such relinquishment shall have effect form the close of the current year:
Provided that no portion of land which is less in extent than the whole survey number or sub--division of a survey number may be relinquished except with the previous approval of the Deputy Commissioner.
Section 103 - Right of way to relinquished or forfeited land or to land used for purpose of agriculture
(1) If any land is relinquished or forfeited under the provisions of this Act, and the way to such land lies through other land, the right of way through such other land shall continue to the future holder of the land relinquished or forfeited.
(2) If any right of way to a land used for purposes of agriculture and duly entered in any map or land record maintained under this Act, is wrongfully obstructed or interfered with, any person aggrieved thereby may apply to the Deputy Commissioner for removal of such obstruction or interference. The Deputy Commissioner may, after a summary enquiry, order the obstruction to be removed, or the interference to be stopped and may for enforcing such order take such action as may be necessary.
(3) The order of the Deputy Commissioner under sub-section (2) shall, subject to the decision in a civil suit, be final.
Section 104 - Summary eviction of person unauthorisedly occupying land
Notwithstanding anything contained in the 1 [Karnataka] Public Premises (Eviction of Unauthorised Occupants) Act, 1961 (1 [Karnataka] Act 3 of 1962) any person unauthorisedly occupying or wrongfully in possession of any land which is not transferable by virtue of any condition lawfully annexed to the tenure, under the provisions of section 91, section 98, or section 99 may be summarily evicted by the 2 [Tahsildar] and any crop including trees raised in the land shall be liable to forfeiture and any building or other construction erected thereon shall also, if not removed by him after written notice, as the 2 [Tahsildar] may deem reasonable, be liable to forfeiture or summary removal.
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1.Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
2.Substituted by Act 5 of 1970 w.e.f. 23.10.1969.
Section 105 - To prevent forfeiture of occupancy certain persons other than occupant may pay land revenue
(1) In order to prevent the forfeiture of an occupancy under the provisions of section 87, or of any other law for the time being in force through non--payment of land revenue due on account thereof by the occupant, it shall be lawful for any person interested to pay on behalf of such occupant, all sums due on account of land revenue and the1[Tahsildar] shall, on due tender thereof, receive the same.
(2) If it appears to the1[Tahsildar] that an occupant or holder has failed to pay land revenue due and has thus incurred forfeiture with a view to injure or defraud, other persons interested in the continuance of the occupancy or holding, or that a sale of the occupancy or holding, will seriously prejudice such other persons interested, the1[Tahsildar] may order the forfeiture of only the interest of the defaulting occupant or holder and sell or dispose of the same:
Provided that the other persons interested undertake to pay any balance that may still remain due after such sale or disposal of only the defaulter's interest in the occupancy or holding and furnish sufficient security for the performance of such undertaking.
(3) Nothing authorised or done under the provisions of this section shallaffect the right of the parties interested as the same may be established in any suit between such parties in a court of competent jurisdiction.
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1. Substituted by Act 5 of 1970 w.e.f. 23.10.1969.