rules regarding conversion of agricultural land - deccan herald

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Deccan Herald, Friday, December 17, 2004

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REALITY BITES

Rules regarding conversion ofagricultural landS SELVA KUMAR

THE city of Bangalore is growing and is identified as thefastest growing city in India, leading to agricultural lands inthe outskirts of city being used for residential, commercialand industrial purposes. Many people are not aware thatlands assessed or held for agricultural purpose cannot bestraight away used for non-agricultural purpose it needs to be first converted fornon-agricultural purpose and then conveyed.

The Karnataka Land Revenue Act, 1966 has prescribed the procedure for convertingagricultural lands to non-agricultural purpose, under sections 95, 96, 97, and 98, ofthe Act. This is a social legislation aimed more at protecting the agriculturists andfarmers than encouraging non-agricultural activities in the agricultural lands.

Any owner of the land, which is assessed or held for agricultural purpose, who wantsto divert such land and any part of such land for non-agricultural purpose shall applyfor permission to the Special Deputy Commissioner who is the concerned authorityin Bangalore Urban and Rural District. The purpose of use of land must be specificand the Deputy Commissioner may grant permission-imposing conditions or mayrefuse to grant permission for such conversion.

However, he shall not refuse the permission in case of lands included in outlineDevelopment Plan or the Comprehensive Development Plan or the ComprehensiveDevelopment Plan published under Karnataka Town and Country Planning Act, 1961(Karnataka Act 11 of 1963) provided such conversion is in accordance of land usespecified in such plan.

VerificationAccording to notification RD/7/LGP/95 dated 7/6/99, published in Karnataka Gazetteextraordinary dated 8/6/99, the application for conversion has to be submitted induplicate to the jurisdictional Tahsildar, who will forward the same to the sanctioningauthority. Any additional information required has to be intimated to the applicantwithin one week of receipt of the application.

The Tahsildar shall verify that only the owner has applied for permission andconversion of land does not defeat the provisions of Karnataka Land Reforms Act,Land Grant Rules, Prohibition of Transfer of Certain Lands Act, Rules pertaining togreen belt and the land is not notified for acquisition. The burden of verificationregarding complicity, violation of the above laws rests solely with the Tahsildar andthe applicant shall not be asked to produce any document pertaining to the same.

The Tahsildar shall forward the application to the jurisdictional Deputy Commissionerwithin 15 days of receipt of the application along with a revenue sketch of the areaproposed for conversion, the Deputy Commissioner in turn will inspect the lands tosatisfy himself that the conversion does not cause any public nuisance or violate theexisting provisions of any law.

If the conversion is permitted, then the applicant will be issued a notice to pay therequisite fine within 15 days of the notice.

The Deputy Commissioner may refuse permission on grounds that the conversionwould defeat the provisions of law in force or is likely to cause public nuisance or isnot in the interest of the general public or that the owner is not able to or unwillingto comply with the conditions imposed.

The Deputy Commissioner may impose such conditions as may be necessary tosecure health, safety and convenience and restrict the dimensions, arrangementsand ensure that accessibility to building sites are adequate for the health andconvenience of the occupants, and that it is suitable to the location and do notcontravene the provisions of any law relating to the Town and Country Planning orerection of buildings.

By owner onlyAny applications for conversion of agricultural lands shall be made only by the

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owner, unless otherwise directed by Deputy Commissioner. The conversion of landattracts fine as per Rule No. 107 of Karnataka Land Revenue Rules, 1966.The prior notice of conversion of agricultural land shall be made in the prescribedform 21-A. The applicant shall also enclose the challan for having paid the finecomputed in accordance with the prescribed rules to the concerned treasury. Suchnotice has to be given to the jurisdictional Tahsildar with an undertaking to pay thebalance fine, if any, with the full description of land is to be diverted.

As per Rule 108 of Karnataka Land Revenue Rules 1966, no fine can be imposed anappropriation of agricultural lands made over or acquired under Land Acquisition Actat the instance of a government department, Municipal Council, Local Board, VillagePanchayat, Charitable Education Institution for charitable or public purpose, fromwhich the government or such statutory authorities do not derive any profit and theland is used for the purposes of construction of school building, laying ofplaygrounds, hospitals, dispensaries or rest houses. Similarly, the fine cannot beimposed, lands acquired for extension of village or improvement of village sanitationat the instance of village Panchayat, for construction of houses by KarnatakaHousing Board, for making market yards under Karnataka Agricultural ProduceMarketing Regulation Act, 1966, Land proposed to be converted for poultry farming.

The State government has powers to declare certain areas within the prescribedlimits as green belt area to protect and improve the environment. In green beltareas only agricultural and related activities are permitted and conversion ofagricultural land for any other purpose is not permitted.

The Deputy Commissioner has to inform the applicant of his decision within fourmonths from the date of receipt of the application. If no decision is conveyed, it isdeemed that permission for conversion of land has been granted. The conversion ofland for non-agriculture is subject to payment of the fine imposed by the DeputyCommissioner. The conversion is only for a specific non-agricultural purpose forwhich it was permitted. The land has to be assessed for non-agricultural purpose.

PenaltyThe Karnataka Land Revenue Act, 1966 has prescribed severe penalty in case ofviolation of the prescribed procedures and conversion of land to non-agriculturalpurpose without permission from concerned authority. In such cases, the DeputyCommissioner will serve a notice on the person responsible for such conversiondirecting him to use the land for original purpose, and to remove any constructionsmade on the land, to fill up any excavations, to take necessary steps to restore theland to its original conditions within certain time. He may also impose a fine of Rs1,000 and further penalty of Rs 25 for each day during which the contraventioncontinues.

If the concerned person fails to comply with the orders, the Deputy Commissionerhimself may take steps; he may summarily evict the person and forfeit any structurethere on or remove them. Any expenses incurred in this regard are liable to berecovered in the same manner as arrears of land revenue. He may also compoundsuch conversion of land on payment of prescribed amount. Such amount may bedifferent for different areas and for different purposes. Any violations of conditionsprescribed by the Deputy Commissioner for conversion of land also attract similarpenalties. That is, if the conversion is permitted for residential purpose, using thesaid land for industrial purpose is violation and invites penal action.

The Deputy Commissioner has certain special powers to grant permission to divertland on certain terms and conditions as agreed between parties. However, suchpermission is subject to following conditions. The relevant section is 98; suchpermission is for temporary period.

(1) The period of permission shall not exceed the period specified in the licence orone year whichever is less. Further such period shall not be extended.(2) The land shall be utilised only for which permission is granted.(3) The land should not alienated during period for which permission is granted.(4) Any other terms and conditions may be imposed in addition to above.(5) The land shall be used duly for the purpose for which licence is granted.(6) The special permission is liable to be cancelled in case of any violations of theterms imposed.

The Deputy Commissioner permits only conversion of land to non-agriculturalpurpose. It does not summarily permit to use the land for non-agricultural purpose,unless necessary permission by competent authorities like local bodies, BDA,BMRDA, Urban Development Authorities, Pollution Control Boards etc. are obtained.The Tahsildar should send the details of the conversion of land to non-agriculturalpurpose to village accountant and the details of conversion, order reference, extentof land converted have to be reflected in land records, such as RTC etc.

The author is an advocate who specialises in property laws.E-mail: [email protected]

Copyright 2004, The Printers (Mysore) Private Ltd., 75, M.G. Road, Post Box No 5331, Bangalore - 560001


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rules regarding conversion of agricultural land - deccan herald

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