The city of Bangalore is growing and is identified as the fastest growing city in India, resulting in the agricultural lands in the outskirts of city being used for residential, commercial and industrial purposes. Many people are not aware that the lands assessed or held for agricultural purpose cannot be straight away used for non-agricultural purpose. It needs to be first converted for non-agricultural purpose and then put for such use.
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 or 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 in the Comprehensive Development Plan published under Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) provided such conversion is in accordance with the 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 that 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 law.
If 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 does not contravene the provisions of any law relating to the Town and Country Planning or erection of buildings.
Any application for conversion of agricultural land shall be made only by the owner, unless otherwise directed by the Deputy Commissioner. The conversion of land attracts fine as per Rule No. 107 of Karnataka Land Revenue Rules, 1966.
Prior notice of conversion of agricultural land 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 that is to be converted.
As per Rule 108 of Karnataka Land Revenue Rules 1966, no fine can be imposed on appropriation of agricultural land made over or acquired under Land Acquisition Act at the instance of a Government department, Municipal Council, Local Board, Village Panchayat, Charitable Educational 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 on 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, and the 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 agriculture 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.
For More information please Click here...
No comments:
Post a Comment