The Karnataka
Land Revenue (Amendment) Act, 2023
[25
OF 2023]
[27th
July 2023]
An Act further to amend the
Karnataka Land Revenue Act, 1964.
Whereas it is expedient
further to amend the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of
1964), for the purposes hereinafter appearing;
Be it enacted by the
Karnataka State Legislature in the Seventy fourth year of the Republic of
India, as follows:-
Section - 1. Short title and Commencement
(1)
This Act may be called the Karnataka Land
Revenue (Amendment) Act, 2023.
(2)
It shall come into force on such date as the
State Government may, by notification, appoint.
Section - 2. Amendment of Section 95
In the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), for clauses
(i) and (ii) of sub-section (2) of section 95, the following shall be
substituted, namely:-
"(i)
The permission of the Deputy
Commissioner shall not be required for diversion of lands for non-agricultural
purposes, if such lands assessed or held for the purpose of agriculture, is as
per the land use as specified in the Master Plan duly published, for the
concerned land under the provisions of the Karnataka Town and Country Planning
Act, 1961(Karnataka Act 11 of 1963):
Provided that, the
prescribed fee under sub-section (7) shall be paid to the concerned Town
Planning Authority at the time of obtaining requisite permissions from the
Authority along with self declaration as may be prescribed.
(ii)
If any occupant of a land assessed or
held for the purpose of agriculture wishes to divert such land or any part
thereof to any other purpose and if such lands are falling outside the Local
Planning Area for which the Master Plan has not been published, the applicant
shall submit an affidavit along with an application to the Deputy Commissioner
in such manner as may be prescribed.
The concerned authorities
shall furnish their opinion within fifteen days from the date of receipt of the
application. The Deputy Commissioner shall issue the approval for diversion for
use as per the application, subject to the opinion furnished by the concerned
authorities and subject to payment of the fee as prescribed under subsection
(7):
Provided that, if opinion is
not furnished within the said period of fifteen days, it shall be deemed that
the concerned authorities have no objection to the said diversion of land for
use as per the application.
Provided further that, in
case the Deputy Commissioner fails to give his decision and issues the order
under this sub-section within thirty days from the date of receipt of the
application, the approval of the diversion for use shall be deemed to have been
granted by the Deputy Commissioner and the same shall be certified and issued
in such manner as may be prescribed subject to payment of fee as prescribed
under sub-section (7)."