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.
More,
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