2015-09-08

REVENUE AND AGRICULTURE LAND



REVENUE AND AGRICULTURE LAND

What are RTC and Mutation Extracts?

RTC means Record of Right, Tenancy and Inspection of crops. This is a primary record issued by village Accountant. It contains the details of survey number, total extent of the land, names of the persons who are the owners and their extent of holding, persons in possession and details of crops grown and land revenue for any particular period. It also contains the details of conversion of land from agriculture to non-agricultural purpose.

Mutation extract is an extract from the mutation register maintained by the Village Accountant. It records the transfer of land and the mode of such transfer, recommendations of the enquiry Officer for such transfer, date of entry of transfer and the record of rights.

Explain the terms like Village Map, Genealogical Tree?

Village map is a sketch, which gives the complete details of lands, houses including the gramathana sites, survey numbers, and house numbers and roads falling within the jurisdiction of the village. The survey department issues the village map.

Genealogical tree is also called the family tree of any given person. It gives the details of the family, like names of the wife/wives of any given person, details of his children, grand children and so on.  It would help to trace the flow of theproperty and succession.  The Village Accountant issues the genealogical tree.

What is Tippani, Akarband?

Both the documents are issued by survey department. Tippani shows the sketch of the land as in the records of survey department.

Akarband establishes the survey number with name of the person to whom the particular survey number was originally allotted and land revenue assessment details.

Define 79 A & B of land reforms act endorsements?

These endorsements are issued by Tahasildar. These endorsements certify that there are no cases against the person owning the agricultural land and whether he or she is an agriculturist or not conforming to the prescriptions of section 79 A&B ofKarnataka Land reforms Act 1961, since only agriculturists, agricultural labourers are entitled to own the agricultural lands, in Karnataka.

What is Form No. 7 endorsement?

The endorsement is issued by the Tahasildar. This endorsement certifies that there are no tenancy cases pending in respect of the property in question as per the Karnataka Land Reforms Act, 1961.

What is Saguvali Chit?

The Saguvali Chit is also called the Certificate of grant. This is issued in form No. VII as per rule 29 of Karnataka Land grant rules in case of grant of government land to eligible persons for cultivation.

This establishes the title of the person named in the Saguvali Chit to the land granted. A sketch of the land granted will be annexed to the Saguvali Chit.

The grant of the land is subject to the conditions detailed in the Saguvali Chit.

What are Survey, Survey number, Survey mark?

Survey means the process to determine the measurement and record of boundary or boundaries of part of boundary.

Survey number means, a portion of land of which the area and assessment are separately entered under an indicative number in land records.  Sub division of survey number means a portion of survey number of which the area and assessment are separately entered in land records under an indicative number subordinate to the survey number of which it is a portion.  This is also called as “Hissa” number.

Survey mark means any mark or objects erected, made or employed to indicate level of the property while determining the position of the boundaries.

What is patta book?

This is a record supplied to the holder of agricultural land including tenant if he is primarily liable to pay land revenue and contains a copy of record of rights of such land.

The book also contains information regarding the payment of land revenue and other government dues and information of cultivation.

What are Revenue Sites?

Sites formed on agricultural lands are revenue sites. They are unauthorised sites, which cannot be used for any non-agricultural purpose, residential houses.

Can one purchase a Revenue Site and construct a house?

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 lakhs are eligible to purchase and own agricultural lands. Others need government permission. Further, such lands have to be used only for agriculture, unless converted. Constructions of houses are not permitted.

What is conversion?

As per Karnataka Land Reforms Act, if any agricultural land has to be used for other purpose, it needs permission from Government of Karnataka. The Government permits such change of use on payment of prescribed fees for some specific purpose, like residential, commercial, and industrial. The special deputy commissioners are authorised officials to permit the conversion. The fee has to be remitted towards the government. The conversion is subject to various conditions such as provision for roads etc. The land has to be utilised for the converted purpose only and within the stipulated time.

How revenue land 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 Gram-panchayat, City Municipal Council, etc., for house site. The layout thus formed has to be approved by the statutory authorities like BMRDA, BDA.

How to detect the Revenue Sites and approved residential sites?

All the documents of the property, origin of title, RTC extracts, mutation extracts, conversion orders, paid conversion fee receipts, have to be examined. If the land is converted, it should be reflected in RTC. Further, tax payments receipts discloses the nature of the tax paid, whether land revenue or property tax. Revenue Lands have survey nos. and are mentioned in areas and guntas; whereas, residential sites have site numbers and mentioned in square feet. An experienced advocate would be helpful owing to the complexity of the different documents.

What are the consequences of purchasing a Revenue Site by a non-agriculturist?

The very acquisition of revenue site (agricultural land) is against the 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. Many form such as no. 9 & 10 issued are false, and the original revenue records remain in the name of the Original owner. In case of acquisition by BDA / KHB / government the original owner will get the compensation and not the purchaser.

Further, though the form nos. 9 & 10 mentions the site no. and area in square feet, the original records continue to mention survey numbers and area in Acres and Guntas. It would be very difficult to identify the exact site, its area and boundaries and link with form no. 9 & 10.

Is it possible to register a Gramathana site having Form No. 9 & 10?

Yes, it is possible to register the site. However, it is duty of the purchaser to look into the title before purchase of the property. Generally the Gramathana sites do not have Sy. no. and reference title  is the most important aspect of 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 into the title thorough an advocate who is having specialized knowledge on property legal aspects.

Is it possible to change the land use?

According to the Comprehensive Development Plan, usage of lands is earmarked as residential, commercial, park, semi-park, public etc.

One has to make a request, for the change of the land use, which should be justified according to the development in that area. Change of the land use may be given by the BDA after considering various factors. However green belt area cannot be changed.

What do you mean by Conversion Order?

Utilizing agricultural land for any other purpose is prohibited. If anyone makes a layout without conversion, it is an illegal act and a serious violation of the provisions of law. Therefore, agricultural land, which does not come under Green Belt, can be converted for residential purpose as per the zonal regulations.

Who can buy an agricultural land?

In Karnataka agricultural land can be bought after fulfilling 3 requirements. They are: (1) the annual average income of the person including agricultural income, should be less than Rs. 2 lakh. (2) The person must have an agricultural land in his name before the year 1974. (3) The person should be an agriculturist or an agricultural labour by profession.

What is the meaning of CDP?

CDP is the short form for Comprehensive Development Plan. This is formulated by the Government. Under this Plan Bangalore Metropolitan Area has been divided into various zones, such as Residential, Commercial, Industrial, Green Belt, and others.

What do you mean by Zonal Regulation?

Any development must conform to the land use of the zone in which it is located. One cannot construct a commercial building in an area earmarked for residential purposes. The Zonal Regulation regulates the height of the buildings, formation of layouts etc.

For More Information:

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Advocate S Selvakumar,

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