Monday 21 March 2016

REVENUE SITES


What are revenue sites ?
Revenue Sites are sites which are formed on agricultural lands without proper approval under the relevant law pertaining to Town and Country Planning Act and also as per other provisions of law. They are unauthorised layouts which cannot be used for any non-agricultural puropse. The construction made on such a site is considered to be an unauthorised construction.

Can one purchase a Revenue Site and construct a house ?
As stated earlier, the sites formed on agricultural lands, cannot be used for residential purpose. They remain as agricultural lands. Only agriculturist, or agricultural labour is eligible to purchase agricultural lands. There are income restrictions also. Agriculturists, whose income from non-agricultural source is less than two lakh are eligible to purchase and own agricultural lands. Others need government permission. Further, such lands have to be used only for agriculture, unless converted.

What is conversion ?
As per Karnataka Land Reforms Act, if any agricultural land has to be used for purposes other than agriculture, permission from Government of Karnataka is necessary. The Government permits such change of use on payment of prescribed fees for some specific purpose, like residential, commercial, industrial. The Special Deputy Commissioners are authorized authorities to permit such conversion. The fee has to be remitted to the Government. The conversion is subject to various conditions such as making provision for roads etc. The land has to be utilized for the converted purpose within stipulated time.

How a revenue land can be used for residential purpose ?
The Revenue Land has to be converted for residential purpose. After conversion of the agricultural land to the residential purpose, the assessment of the land has to be done by the local authority like Grampanchayat, City Municipal Council, etc., for residential purpose. The layout formed has to be approved by the statutory authorities like BMRDA, BDA. etc.,

What are the consequences of purchasing Revenue Sites?
The very acquisition of revenue site (agricultural land) is against the provision of law. The Karnataka Land Reforms Act makes it very clear that such purchase is null and void. If any non-agriculturist purchases revenue site (agricultural land) he is duty bound to inform the details of land and his annual income to the jurisdictional Tahsildar within 90 days from the date of purchase. The Tahsildar after enquiry will forward the details to the Deputy Commissioner. The Deputy Commissioner will notify that such lands shall stand transferred to and vest in the State Government, from some specified date without any compensation.

Further, though the khatha mentions the site no. and areas in square feet, the original revenue records continue to mention survey numbers in Acres and Guntas. It would be very difficult to identify the exact site. After selling such a site the original owner of the agricultural land continues the ownership of the survey no. land.

What is Gramathana Site?
Gramathana site is different from agricultural land. It is an area earmarked for residential purposes in a village. It is numbered as Kaneshumari number. Gramathana sites does not require conversion for residential purposes. But extra care is required while purchasing those properties as there are large number of form 10 conversions.

Is it possible to  register a Gramathana site?
Yes,  it is  possible to register the site. However,  it is the duty of the purchaser to look into the  title before purchase of the property. Generally the Gramathana sites do not have Sy. no. reference Title  is the most important aspect to the verified from origin, flow and  present  status. The  vendor having  a title can transfer the property by way of registration. If  he has a defective  title  he will transfer only the  defective title. It is  the duty  of the  purchaser to look in to the  title thorough an advocate who is  having  specialized knowledge on property legal aspects.


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