Whereas, the draft of
the Karnataka Grant of Land in case of construction of Dwelling Houses in
occupied Land Rules, 1999 was published as required by sub-section (1) of
Section 197 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964)
in Notification No. RD 57 LPG 98(P-II), dated 31st December, 1999 published in
Part IV, Section 2-C(i) of Karnataka Gazette, Extraordinary,
dated 1st January, 2000 inviting objections or suggestions from all the persons
likely to be affected thereby within thirty days from the date of its
publication in the Official Gazette. And whereas, the said
Gazette was made available to the public on 1st January, 2000. And whereas, the
objections and suggestion received have been considered. Now, therefore, in
exercise of the powers conferred by Section 197 of the Karnataka Land Revenue
Act, 1964 (Karnataka Act 12 of 1964), the Government of Karnataka hereby makes
the following rules, namely:-- (1)
These rules may be
called the Karnataka Grant of Land in case of Construction of Dwelling Houses
in Occupied Land Rules, 1999. (2)
They shall come into
force on the date of their publication in the Official Gazette. (1)
In these rules, unless
content otherwise requires.-- (a)
"Act" means,
the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964); (b)
"Person belonging
to the Economically Weaker Sections" means any person whose total annual
income including that of any members of his family does not exceed Rs. 12,000/-
in urban areas and Rs. 10,000/- in rural areas; (c)
"Form" means a
form appended to these rules; (d)
"Schedule"
means a Schedule appended to these rules; (e)
"Section" means
a section of the Act. (2)
Words and expression
used in these rules but not defined, shall have the meaning assigned to them in
the Karnataka Land Revenue Act, 1964 and the rules made thereunder. (1)
Application for grant of
land under Section 94-C shall be made in Form 1 within six months from the date
of commencement of these rules along with a fee of Rs. 50/- (Rupees fifty only)
in respect of others and Rs. 5/-(Rupees five only) in respect of Scheduled
Castes and Scheduled Tribes in the form of cash payable in the office of the
Tahsildar and shall be addressed to the Tahsildar of the Taluk accompanied by a
site plan of the land wherein the unauthorised construction is situated indicating
the site and location of unauthorised construction including the appurtenant
plan comprised therein and such other documents as may be required. (2)
The Deputy Commissioner
shall indicate the time within which each stage of the application, from
receipt/suo motu identification of application/cases to issuance of Provisional
Certificate of grant, be finalised keeping in view the stipulation that the
entire process shall be completed within a period of one year from the date of
commencement of these rules. The Prescribed Authority
shall issue notice in Form 2, to every person who has made an application, to
appear before him, on such date as may be specified therein and to produce
documents if any in support of his claim. The Prescribed Authority may also
issue public notice to be notified on the Notice Board of the Local Authority
and by beat of Tom fixing dates for conduct of enquiry which shall be held in
the presence of the residents of the village. On completion of the enquiry, the
Prescribed Authority shall in all eligible cases pass a provisional order
granting the land. (1)
The grant of land under
these rules shall be made subject to the following conditions, namely.-- (i)
No land shall be granted
under Section 94-C, if the person who has applied for grant of such land or any
member of his family owns any building or site within the urban or rural areas
in which the land for which application is made is situated; (ii)
No person shall be
eligible for grant of land for more than one dwelling house either in his name
or in the name of any member of his family; (iii)
The land so granted
shall not be alienated for a period of fifteen years from the date of receipt
of order of grant: Provided that a mortgage
or lease of the building and the site in favour of the State Government or a
Scheduled Bank or Life Insurance Corporation of India, for improvement of
building shall not be regarded as alienation for the purpose of these rules; (iv)
The grantee shall not
use the building for any purposes other than as a dwelling house. (2)
If the grantee
contravenes any of the conditions specified above, the land and the building
shall be liable to resumption at the discretion of the Deputy Commissioner
without payment of any compensation to the grantee. (3)
The site or building
granted may be alienated with the previous sanction of the Government and
subject to such conditions as the Government may specify. The Government may
permit such alienation if is of the opinion that in the circumstances of any
case, it is just and reasonable to permit alienation for acquiring some other
site or building or for any other purpose. (4)
The grant is liable to
be terminated and the site or building resumed if the site or building is
appropriated for a purpose, other than that for which it is granted. (5)
The grant of land shall
be subject to the provisions of any other Act and rules for the time being in
force relating to the construction of dwelling houses. After the provisional
grant of land under Rule 4, the grantee shall pay the amount as specified in
the Schedule within two months from the date of provisional order of grant, and
shall get the deed executed at his cost. On execution of the title deed, the
Prescribed Authority shall issue an order of grant of land: Provided that the amount
payable by the grantees who are persons belonging to the Economically Weaker
Sections or the Scheduled Castes or the Scheduled Tribes shall be fifty per
cent of the rates specified in the Schedule. 'The Prescribed
Authority for the purpose of these rules shall be the officers specified in
column (2) of the Table below for the areas specified in corresponding column
(3) of the Table. TABLE Sl. No. Designation of the
Officers Area (1) (2) (3) 1. Deputy Commissioner,
Bangalore Urban District Municipal Corporation
limits and all lands within a distance of 18 kilometres from the Corporation
limits and other places. 2. Deputy Commissioner, Bangalore
Rural District Lands situated within
the City Municipal Councils limit comes under their jurisdiction. 3. Deputy Commissioners
(in other districts) Municipal Corporation
limits and all lands situated within the City Municipal Councils limits comes
under their jurisdiction. 4. Assistant
Commissioners (in their respective subdivisions) Town Municipal Council
limits comes under their jurisdiction, 5. Tahsildar Other places with
their taluk limits except the Municipal limits. The Prescribed Authority
shall, while exercising the powers under Section 94-C shall have.-- (a)
power to obtain, such
report from such officers and authorities in respect of land unauthorisedly
occupied in which unauthorised construction is made as it may deem necessary; (b)
power to measure or
cause to be measured the unauthorised constructions and the land appurtenant
thereof. (1)
These rules shall
mutatis mutandis apply to cases under sub-section (4) of Section 96 of the Act. (2)
Provisions of Rules
108-K, 108-L, 108-M and 108-N of the Karnataka Land Revenue Rules, 1966 shall
be applicable mutatis mutandis to grant of land under these rules.KARNATAKA GRANT
OF LAND IN CASE OF CONSTRUCTION OF DWELLING HOUSES IN OCCUPIED LAND RULES, 1999
PREAMBLE