KARNATAKA
LAND GRANT (THIRD AMENDMENT) RULES, 1970
PREAMBLE
Whereas,
a draft of the rules to amend the Karnataka Land Grant Rules, 1969 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. GSR 380 (RD 49
LLG 70), dated 2nd November, 1970, published in Part IV, Section 2-C(i) of the
Karnataka Gazette dated 5th November, 1970, inviting objections and suggestions
from all persons likely to be affected thereby on or before 7th December, 1970.
And,
whereas, the said Gazette was made available to the public on 5th November,
1970.
And,
whereas, no objections or suggestions have been received on the said draft.
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.
Rule - 1. Title and commencement.
(1) These rules may be
called the Karnataka Land Grant (Third Amendment) Rules, 1970.
(2) They shall come into
force at once.
Rule - 2. Insertion of new Rule 28-A.
After
Rule 28, of the Karnataka Land Grant Rules, 1969 (hereinafter referred to as
the said rules), the following rule shall be inserted, namely.
"28-A. Grant of land in exchange for
land relinquished.
(1) Notwithstanding
anything contained in these rules, land may be granted to any person in
exchange for the land relinquished by such person to the State Government in
the following cases, namely.
(i) where by changing
course, a river, water-way or cart-track runs through a private and:
Provided
that the land to be granted in exchange shall be the land registered in the
Revenue Records as river, waterway or cart-track;
(ii) where a channel or
pathway divides the private land of a person into two and it can be diverted
along the boundary of such land without inconvenience to the public;
(iii) where the private
land is required for straightening the course of a channel or pathway;
(iv) where private land is
situated on the bed of an irrigation tank or river and the State Government
desires to take over such land;
(v) where private lands
not exceeding Five hectares in extent in each case, are required for public
purposes such as construction of chavadies, cattle pounds, wells, schools or
for minor improvements to any irrigation work or the setting apart such land
for free pasturage for the cattle;
(vi) whereby any action of
Government a private land or any portion thereof is rendered valueless or has
diminished in value;
(vii) where private land is
required for extension of village sites.
(2) Any person desiring
grant of land in exchange for the land to be relinquished by him shall make an
application in writing to the Deputy Commissioner in Form VIII giving the
following particulars.
(i) name, age and address
of the applicant;
(ii) the extent and
particulars of the land proposed to be relinquished;
(iii) the extent and
particulars of the land asked for namely, Survey Number, Village, Taluk,
Sub-Division in which the land is situated.
(3) In all cases where
the value of the land to be granted exceeds rupees one hundred, the application
shall be accompanied by an encumbrance certificate in respect of the land to be
relinquished;
Provided
that in other cases, the applicant shall produce such encumbrance certificate
if called upon to do so.
(4) The Deputy
Commissioner shall on receipt of such application, make such enquiry as he
thinks fit and if satisfied that the applicant is eligible under this rule for
the grant of land in exchange for the land relinquished, determine the market
value of the land to be relinquished and also of the land to be granted.
Thereafter he may pass an order granting the land, if the value of such land is
not more than one thousand rupees. If the value exceeds rupees one thousand, he
shall submit the application together with his report in the matter to the
Divisional Commissioner. The Divisional Commissioner may pass an order granting
the land if the value of such land does not exceed rupees ten thousand. If the
value exceeds ten thousand rupees the records shall be submitted to the State
Government which may pass orders granting such land.
(5) The grant of land
under this rule shall be subject to the following conditions, namely.
(i) the grant shall be
subject to the provisions of Rules 9 and 13;
(ii) the applicant should
have absolute title to the land to be relinquished;
(iii) the value of land to
be granted shall as far as possible be not more than the value of the land
relinquished and the difference if any in value shall be paid by the
applicant."
Rule - 3. Addition of new Form VIII.
After
Form VII of the said rules, the following Form shall be added, namely.
"FORM VIII
[See Rule 28-A]
Application for Grant of land in
exchange for the land relinquished
(1) Name and age of the
applicant:
(2) Address and
Occupation:
(3) Father's Name:
(4) Particulars of land
proposed to be relinquished.
(i) Sy. No. and
Sub-Division No.
(ii) Extent:
Dry...........................
Wet.............................
Garden..........................
(iii) Value.................................
(5) The extent and
particulars of the land asked for, namely, Survey Number, Village, Taluk,
Sub-Division in which the land is situated."