(1)
These rules may be called
the Karnataka Land Revenue (Regularisation of unauthorised occupation of lands)
Rules, 1970. (2)
They shall come into force
at once. (1)
In these rules, unless the
context otherwise requires. (a)
"Act" means the
Karnataka Land Revenue Act, 1964; (b)
"Form" means a
Form appended to these rules; (c)
"Landless poor
persons" means a person who does not own any land anywhere in the State or
elsewhere and whose income from all sources does not exceed rupees two thousand
per annum; (d)
"Person in unauthorised
occupation" means the person in unauthorised occupation of land referred
to in Section 94; and shall include the person or persons claiming under him; (e)
"Plantation crops"
means Cardamom, Coffee, Pepper, Rubber and Tea; (f)
[1]["Sufficient
holder" means a person who owns not less than one hectare of garden land
or wet land possessing facilities for assured irrigation or two hectares of dry
land or rainfed wet land.] (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. If the person in
unauthorised occupation desires that the land unauthorisedly occupied by him be
granted to him, he shall make an application to the Deputy Commissioner in Form
I. (1)
On receipt of the
application under Rule 3, the Deputy Commissioner shall, after verifying the
particulars furnished by the applicant by holding such enquiry as he deems
necessary and after determining the extent of land that may be granted and the
price that may be charged, publish a notice in Form II in the Chavadi of the
village in which the land is situate and also in the Office of the Panchayat
concerned calling for objections to the proposed grant, to be preferred by a
date to be specified in the notice, which shall not be less than fifteen days
from the date of the notice. (2)
After the expiry of the date
specified in such notice and after considering the objections received and
after any further enquiry that is considered necessary, the Deputy Commissioner
shall determine whether any extent of land may be granted, at what price and
subject to what conditions. (3)
Thereafter the Deputy
Commissioner shall issue a notice in Form III to the applicant calling upon him
to intimate within a date to be specified, which shall not be less than fifteen
days from the date of issue of the notice whether he is willing to accept the
grant on the terms specified and if so to deposit the price fixed by the date
to be specified in the Notice, which shall not be more than thirty days from
the date of the issue of the notice provided that the Deputy Commissioner may
on an application made to him by the applicant within the said date and for
reasons to be recorded in writing extend the time for deposit of the price. Any
such extension shall not be for more than ninety days from the date specified
in the notice. (4)
If the applicant expresses
his willingness and deposits the price within the dates specified or the time
extended the Deputy Commissioner shall make the grant and pass an order
therefor. (5)
If the applicant fails to
express his willingness or to deposit the price within the dates specified and
the time extended his application shall be rejected. (1)
Lands reserved as Gomal
Gunduthop, Tankbed, Phutkharb, Kharab Halla, date reserve or lands required or
likely to be required for any public purpose in the near future shall not be
granted: Provided that in the
case of Gomal lands grant may be made where the grazing land available for any village
exceeds an extent calculated at twelve hectares per hundred heads of cattle. (2)
[2][No
land. (i)
within the municipal limits
of the cities of Mysore, Davangere, and in any village situated within sixteen
kilometres from the Municipal Limits of the City of Bangalore; or (ii)
within the municipal limits
of the cities of Mysore, Bangalore, Mangalore, Hubli-Dharwar, Belgaum, Kolar
Gold, Field Areas and Bagalkot Town and in any village situated within seven
kilometres from the municipal limits of the said places; or (iii)
within the municipal limits
of District Head Quarters and towns of Gadag-Betegeri and Dandeli and in any
village situated within five kilometres from the municipal or town limits of
the said places; or (iv)
within the municipal limits
of Taluk Head Quarters and Towns connected by railway and in any village
situated within three kilometres from the municipal or town limits of the said
places; or (v)
within the limits of other
municipalities, other Taluk Head Quarters and Town Panchayats and in any
village situated within one and a half kilometres from the said places; shall
be granted. Explanation. For the
purpose of this sub-rule, if the Head Quarters, gramathana or Chavadi of a
village is within the distance specified in this sub-rule, the whole of such
village shall be deemed to be within the distance specified in this sub-rule,] [3][Provided
that in the case of building sites, grant may be made where the sites within
the limits and distance specified in clauses (ii), (iv) and (v), excluding the
municipal limits of District Head Quarters.] (1)
Where the land in
unauthorised occupation is used for agricultural purposes and firewood
plantations other than raising of plantation crops or cultivation of cashew, it
shall not be granted, if (i) the applicant was, before the 1st July, 1968, not
a permanent resident within the limits of the taluk in which the land is
situated and was not a bona fide agriculturist cultivating the land personally;
and (ii) the applicant is a sufficient holder. (2)
[4][Where
the applicant is a landless person. (i)
if the extent of land in
unauthorised occupation is not more than one hectare of wet or garden land or
two hectares of dry land or rain-fed wet land, he may be granted the entire
extent of land in his unauthorised occupation; and (ii)
if the extent of land in his
unauthorised occupation is more than the extent specified in clause (i), he
shall not be granted any land in excess of such extent. (2-A)
Where the applicant owns land, the extent of land that may be granted to him
shall not together with the extent of land already held by him exceed the
minimum holding prescribed for a sufficient holder.] (3)
Notwithstanding anything in
sub-rule (1), the adjacent or close to the other land already held by the
applicant may, to the extent, as nearly as may be, not exceeding, in the case
of wet or garden land, half hectare, and in the case of dry land one hectare,
be granted if in the opinion of the Deputy Commissioner such land is required
for the better enjoyment or better cultivation of the other land already held. Where the land in
unauthorised occupation is used for raising plantation crops, not more than
five hectares of such land may be granted to the applicant: Provided that the
extent of other land already held by the applicant shall not, together with the
extent granted, exceed [5][Twenty-two
hectares:] Provided further no
land shall be granted if the applicant was, before 1st July, 1968, not a
permanent resident within the limits of the taluk in which the land is situated. Where the land in
unauthorised occupation is used for raising cashew, not more than five hectares
shall be granted: Provided that the
land granted together with other lands, if any, already held by the applicant
and used for raising cashew does not exceed ten hectares: Provided further no
land shall be granted if the applicant was, before 1st July, 1968, not a
permanent resident within the limits of the taluk in which the land is
situated. Where land
unauthorisedly occupied is used solely for a dwelling house for the occupier
not more than [6][five
ares] may be granted. (1)
The price to be charged for
lands granted under these rules shall, subject to the provisions of sub-rule
(3), be determined by the Deputy Commissioner with reference to the market
value of such land which shall be ascertained by him having regard to the
circumstances existing as on the date of the grant and after such enquiry as he
deems necessary. (2)
Such price shall in no case
be less than the market value and more than twice the market value of such
land: Provided that where the grant is in favour of a landless poor person, the
Deputy Commissioner may charge an upset price which. (i)
in the case of grant for
bona fide agriculture or for construction of a dwelling house under Rule 9, be
not more than half the market value, or twice the price that could have been
charged under Rules 12 and 18 of the Karnataka Land Grant Rules, 1969, had the
lands been granted under those rules, whichever is less: Provided further the
price in respect of lands which are used for raising plantation crops shall be
twice the market value or five thousand rupees per hectare, whichever is less. (3)
In computing the market
value of land, the Deputy Commissioner shall not take into consideration the
value of any trees of the reserved species standing on the land or improvements
made by the applicant during the period of unauthorised occupation but shall
take into account the value of other trees standing on the land. (4)
The trees of the reserved
species standing on-the land shall be the property of Government and may be
removed by it at any time before or after an order of granting the land is
made. (5)
Where at the time of
determining the market value, there is evidence of trees of the reserved
species having been cut, the Deputy Commissioner shall fix the value of such
trees and this shall be included in the price to be charged for the land. (6)
Back assessment for the
entire period of occupation shall be collected in addition to the price payable
for the land. (7)
[7][Where
the grant is in favour of a person belonging to Scheduled Caste or Scheduled
Tribe or to a person who on account of poverty is unable to pay the price
charged, the Deputy Commissioner, may waive subject to a maximum of five
hundred rupees, up to seventy-five per cent of the price charged and direct the
payment of the balance amount in three annual instalments: Provided that where
the price charged does not exceed five hundred rupees, the Deputy Commissioner
may waive the whole of the amount.] Every land granted
under these rules if not assessed before it is granted be assessed to payment
of land revenue in accordance with the provisions applicable to assessment of
lands. Such land shall also be surveyed and demarcated and its boundaries
fixed. The charges for the same shall be paid by the grantee of the land. Any grant of land
made under these rules shall be liable to be cancelled and the land resumed by
the Deputy Commissioner if the grant was obtained by making false or fraudulent
representations or was contrary to these rules. Notwithstanding
anything contained in these rules, the State Government may suo motu, or on the
recommendation of the Divisional Commissioner or the Deputy Commissioner, if it
is of the opinion that in the circumstances of any case or classes of cases, it
is just and reasonable to relax any of the provisions of these rules it may, by
order, direct such relaxation, subject to such conditions as may be specified
in the order and thereupon lands may be granted in such a case or classes of
cases in accordance with such direction. [1] Clause (f)
substituted by GSR 262, dated 12-7-1972. w.e.f. 20-7-1972 [2] Sub-rule
(2) substituted by GSR 66. dated 22-1-1972, w.e.f. 17-2-1972 [3] Proviso
inserted by GSR 232, dated 8-8-1973, w.e.f. 13-9-1973 [4] Sub-rule
(2) substituted by GSR 262, dated 12-7-1972, w.e.f. 20-7-1972 [5]
Substituted for the words "fifty hectares" by GSR 155, dated
15-5-1974, w.e.f. 23-5-1974 [6]
Substituted for the words "two ares" by GSR 373, dated 22-10-1971,
w.e.f. 2-12-1971 [7] Sub-rule
(7) inserted by GSR 373, dated 22-10-1971, w.e.f. 2-12-1971KARNATAKA LAND REVENUE
(REGULARISATION OF UNAUTHORISED OCCUPATION OF LANDS) RULES, 1970
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, the draft of the same having been published
as required by sub-section (1) of Section 197 of the said Act in the Karnataka
Gazette, Extraordinary, dated 3rd April, 1970, as GSR 109, dated 3rd April,
1970.