Two
instances of forfeiture of prime plots in Bengaluru last month could well
signal trouble for many landowners in and around the city. Revenue department
officials tell that individuals and institutions have bought lands on city
outskirts without reading the laws and rules governing land reforms.
In one case
of violation, Bengaluru Urban district authorities took over 9.39 acres from
the possession of Kumaran's English School in Uttarahalli hobli in Bengaluru
South taluk. The other case involved taking away of 7.35 acre from Impact
College of Engineering at Yelahanka hobli in Bengaluru North taluk.
The reports
clubbing the takeover of plots of these two education institutions along with
clearing other cases of encroachment might have conveyed an impression that the
two institutions crouched on government land. That was, however, not the case.
The two institutions in deed bought the plots they were in possession of but
they paid a huge price for not reading the Karnataka Land Reforms Act, 1961,
carefully.
The two
institutions, according to Bengaluru Urban Deputy Commissioner V Shankar, were
found to be in possession of agricultural land, and the Section 79 (A and (B)
of the Act prohibits a non agriculturist from buying the farm land in
Karnataka.
Many
officials say the insertion of the Section was meant to protect farmers from
losing their land to non agriculturists. Such a law does not exist in any other
state, and many officials privately say it was outdated, and needed a pragmatic
review.
Section 79(A), inserted by way of an amendment in 1974, bars
individuals with an annual income of Rs 2 lakh and above from non-agriculture
sources from buying land. The law empowers the revenue authorities to declare
such purchase "null & void" and take away the ownership of the
land.
Section 79B prohibits holding of farmland by entities such as
educational, religious or charitable institutions or a society, trust, or a
company. The law, however, provides a remedy.
Section 109
of the same Act empowers the revenue authorities to allow buying a piece of
farmland for purposes like running an educational institution or to set up an
industry.But the entity concerned must first apply to the Deputy Commissioner
asking for exemption.An institution or a society can buy land without
seeking exemption under Section 109 with prior government approval. The Deputy
Commissioner said, he has the authority to permit purchase of land for
educational institutions.
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