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This is an archive article published on December 21, 2022

Karnataka government tables bill to ease process of converting agricultural land

The proposed law says that if the deputy commissioner fails to approve the diversion of agricultural land for other purposes within 15 days of receipt of application, the approval ‘shall be deemed to have been granted’.

The proposed legislation is based on assurances the state government made in the 2011-12 budget speech and will effect amendments to Section 95 of the Karnataka Land Revenue Act, 1964. (Express Photo)
The proposed legislation is based on assurances the state government made in the 2011-12 budget speech and will effect amendments to Section 95 of the Karnataka Land Revenue Act, 1964. (Express Photo)
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Karnataka government tables bill to ease process of converting agricultural land
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The Karnataka government has tabled a bill in the ongoing winter session of the legislature to ease the process of diverting agricultural land for other purposes. The amendments proposed in The Karnataka Land Revenue (Second Amendment) Bill, 2022, will allow landowners to convert agricultural land to commercial or other purposes by filing an affidavit with the deputy commissioner of the district.

“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, he shall submit an affidavit along with an application to the deputy commissioner in the manner as may be prescribed…,” the bill, tabled Tuesday, read.

The proposed legislation is based on assurances the state government made in the 2011-12 budget speech and will effect amendments to Section 95 of the Karnataka Land Revenue Act, 1964.

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If the diversion is sought in urban areas falling under lands governed by Karnataka Town and Country Planning Act, 1961, then the land “(sic) shall be deemed to have diverted subject to payment of prescribed fee” and the deputy commissioner will issue the order of approval within seven days from the date of receipt of application.

The proposed law also looks at approving such applications at the earliest. If the deputy commissioner fails to approve the diversion within 15 days from the date of receipt of application, “the approval for diversion for use shall be deemed to have been granted” by the deputy commissioner, it says.

In case the land falls outside the local planning area, authorities will have to furnish their opinion within 15 days from the receipt of application, following which the deputy commissioner will have to issue the conversion order following the payment of a prescribed fee.

The bill also imposes penalties for diversion orders obtained with a false or wrong declaration or affidavit. “.. in addition to the criminal liabilities, the same (conversion) shall be null and void….The land whose diversion for non-agriculture use was obtained by a false affidavit, the DC may also issue an order for forfeiture of the said land to the government.”

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However, if the land sought to be diverted for non-agriculture use is granted land, the deputy commissioner is empowered to reject such an application if it contravened the provisions of the Karnataka SC and ST (Prohibition of Transfer of Certain Lands) Act or the Karnataka Land Grant Rules

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