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Whereas it has come to the notice of the Government that innumerable registrations of properties based on fabricated and bogus records are taking place especially in and around Bangalore City and other cities in the State leading to haphazard growth of these Cities. As a result of registration of documents based on such records, the registering public are not getting perfect title; thereby innocent purchasers are forced to enter into avoidable litigation and made to suffer for no fault of theirs, and some of the speculators, middlemen and land grabbers get the General Power of Attorney from the land owners and sell the land to different persons by executing agreement deed or General Power of Attorney in favour of the purchasers without transferring perfect and legal title :
And whereas in the interest of public, it is necessary to prevent the registration of documents based on bogus, irregular, illegal records, evidences, and also where it is with regards to land which is sought to be registered as non-agricultural land without converting it for non-agricultural purpose in accordance with the Karnataka Land Revenue Act, 1964 and the Karnataka Land Grant Rules, 1969.
And further, whereas the Honble Supreme Court in its Judgement in Civil Appeal No.5051/1994 (The State of Karnataka and others-Vs-Shankar Textiles Limited ) has rules that in the following terms, namely;
the obvious purpose of this section is to prevent indiscriminate conversion of agricultural land for non-agricultural use and to regulate and control the conversion of agricultural land into non-agricultural land Section 83 of that Act provide for different rates of assessment for agricultural and non-agricultural land. That provision strengthens the presumption that agricultural land is not to be used, as per the holders sweet will for non-agricultural purposes. This is also clear from the absence of any provision under that Act requiring permission to convert non-agricultural land into agricultural land. In a country like ours, where the source of livelihood of more than 70 per cent of the population is agriculture, the restriction placed by the Revenue Act is quite understandable. Such provision and restriction are found in the Revenue Acts of all the States in the country. The provision has, therefore, to be construed as mandatory and given effect to as such.
Wherefore, in exercise of the powers conferred by section 22-A of the Registration Act, 1908 (Central Act 16 of 1908) as amended by the Karnataka Act 55 of 1976, the Government of Karnataka, in addition to the Notification No. RD 80 ESM 93 (P), dated 14th February 1994 hereby declares the registration of the following documents as opposed to Public Policy : -
1) Agreement to sell, sale, gift, exchange, mortgage, lease or assignment or otherwise of a site with or without building in an agricultural land which is not converted for non-agricultural purposes under Section 95 of the Karnataka Land Revenue Act, 1964.
2) Agreement to sell, sale, gift, exchange, mortgage, or assignment or otherwise of a site described as a gramthana site or other site declared under Form No.19 under the rules framed under the Karnataka Municipalities Act, 1964 but not actually converted as such site.
The Registering authorities shall for the purposes of ascertaining whether the document presented falls under any of the above categories, call for relevant information from the concerned including the party presenting the document.
By Order and in the name of the Governor of Karnataka,
Under Secretary to Government, (I / C.)
S.O.- 451 Revenue Department.
Printed by the Director of Ptg.Sty. & Publns. At the Govt. Press. Blore.