Karnataka Land Revenue (Third Amendment) Act, 2017
[Karnataka Act 49 of 2017][16th December, 2017]

CONTENTS

STATEMENT OF OBJECTS AND REASONS

1. Short title and commencement

2. Insertion of new section 94-D

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 Sixty eighth year of the Republic of India, as follows:—

STATEMENT OF OBJECTS AND REASONS

Amending Act 49 of 2017.—It is considered necessary to amend the Karnataka Land Revenue Act, 1964 by inserting section 94D to facilitate the regularization of unauthorised construction of a dwelling house alongwith the land appurtenant thereto in a land belonging to the Government in unrecorded habitations like Lambani Tanda, Gollarahatti, Vaddarahatti, Kurubarahatti, Nayakarahatti, Majare Grama, Hadi, Doddi, Palya, Camp, Colony or any other group of houses identified as such by the State Government falling within a existing revenue village or to be amalgamated or converted into a village subject to such conditions as may be prescribed.

Hence the Bill.

[L.A. Bill No. 43 of 2017, File No. Samvyashae 54 Shasana 2017]

[entry 18 of List II of the Seventh Schedule to the Constitution of India.]

1. Short title and commencement.—(1) This Act may be called the Karnataka Land Revenue (Third Amendment) Act, 2017.

(2) It shall come into force at once.

2. Insertion of new ## Section 94-D.—In the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) after section 94CC, the following shall be inserted, namely:—

“94-D. Regularization and grant of land of dwelling house along with site thereof and land immediately appurtenant thereto built on Government land in unrecorded habitations.—Notwithstanding anything contained in this Act except as hereinafter provided in this section, the prescribed authority, if satisfied after holding such enquiry as it deems fit that any person is in unauthorized occupation of dwelling house along with the site thereof and land immediately appurtenant thereto and necessary for its enjoyment if any, in any land belonging to the Government in the unrecorded habitations prior to the date of commencement of the Karnataka Land Revenue (Third Amendment) Act, 2017, which are falling within the boundaries of a existing village or to be amalgamated or converted into a village, may on an application made to it by such person within such period, in such form, along with such fee and on payment of such amount, as may be prescribed, regularize and grant in such manner subject to the following conditions and such other restrictions and conditions as may be prescribed and specified in the order of grant certificate, namely:—

(i) the application for regularization and grant under this section shall be made by the applicant along with proof with extent and boundaries that he has constructed and occupied the unauthorized dwelling house and site appurtenant thereto kept for agriculture and allied purposes as on commencement of the Karnataka Land Revenue (Third Amendment) Act, 2017;

(ii) no land shall be granted if the person who has applied for regularization and grant of such land or any member of his family owns any building or site within rural or urban areas in which the land for which application is made is situated;

(iii) no person shall be eligible for regularization and grant of land for more than one dwelling house and the site appurtenant thereto either in his name or in the name of any member of his family;

Explanation: For the purpose of this clause “Member of Family” means and includes the husband, wife, unmarried daughters and minor sons as the case may be.

(iv) the land so granted shall not be alienated for a period of fifteen years from the date of receiving grant certificate;

(v) the regularisation made and granted under this section shall not be more than the area actually occupied by the unauthorised dwelling house and the site appurtenant thereto and necessary for its enjoyment if any, in all by such person but not exceeding 4000 square feet whichever is less; and

(vi) no land shall be regularized and granted where construction of dwelling house and the land appurtenant thereto,—

(a) lies in the line of natural drains or course of valley;

(b) coming in the way of existing or proposed roads, inner or outer ring roads, national highways, by pass over ring roads including those proposed for widening and railway lines, tramways, mass rapid transit system projects, communications and other civic facilities or public utilities;

(c) a forest land;

(d) reserved for parks, playgrounds, open places or for providing any civic amenities;

(e) is abutting to neighbouring property, storm water drain, tank bed areas, river course or beds and canals or below the high tension electric lines;

(f) use against height restrictions specified in zoning regulations for heritage monuments, aerodromes and defence regulations;

(g) not conforms to any clearance from high-tension lines or fire protection measures; and

(h) in the area covered by the Coastal Zone Regulation of the Ministry of Environment and Forest, Government of India.

Explanation:— For the purpose of this section “Unrecorded habitation” means Lambani Tanda, Gollarahatti, Vaddarahatti, Kurubarahatti, Nayakarahatti, Majare Grama, Hadi, Doddi, Palya, Camp, Colony or any such group of habitations in any Land belonging to Government and identified as such by the Government which are falling within the boundaries of existing village or to be amalgamated or converted in to a village.