KARNATAKA LAND REVENUE ACT - 1964
Section : - 95; Uses of agricultural land and procedure for use of agricultural land for other purposes - (1) Subject to any law for the time being in force regarding errection of building or construction of well or tanks, an occupant of land assessed or held for the purpose of agriculture is entitled by himself, his servants tenants agents, or other legal representatives to erect farm buildings, construct wells or tanks, or make any other improvements thereon for the better cultivation of the land or its more convenient use for the purpose aforesaid.
(2) If any occupant of land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose he shall apply for permission to the Deputy Commissioner who may, subject to the provisions of this section and the rules made under this Act, refuse permission or grant it on such condition as he may think fit. Provided that in Dakshina Kannada District, subject to any law for the time being in force regarding erection of buildings or the construction of wells or tanks, an occupant of dry (punja) land who is not
(a) a person registered or liable to be registered as an occupant of such land under section 48A of the Karnataka Land Reforms Act. 1961 (Karnataka Act, 10 of 196) or
(b) a grantee of such land under section 77 of the said Act, may with-out obtaining the permissions required under this sub-section and not with standing anything contained there in, divert such land or part thereof to any other purpose after sending a prior notice in that behalf in the prescribed form to the Tahsildar and paying in the prescribed manner, the fine prescribed under sub-section (7) and
(3) Permission to divert may be refused by the Deputy Commissioner on the ground that the diversion is likely to cause a public nuisance or that it is not in the interest of the general public or that the occupant is unable or unwilling to comply with the conditions that may be imposed under sub section 4
(3a) The State Government may with a view to protecting and improving the environment, by notification declare as Green Belt any area lying within the limits or within the prescribed distance from the limits of the Cities under the Karnataka Municipal Corporation Act, 1976 (Karnataka Act 14 of 1977) or City Municipalities, Town Municipalities and Notified Areas constituted or deemed to be constituted under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) and different distances may be so prescribed for each such City Municipality, Town Municipality or Notified area. (3b) Notwithstanding anything contained in this section, no permission shall be granted to divert any land or part thereof assessed or held for the purpose of agriculture lying within the limits of Green Belt to any other purpose.
(4) Conditions may be imposed on diversion in order to secure the health safety and convenience and in the case if land which is to be used as building sites, in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality and not contravene the provisions of any law relating to town and country planning or the erection of buildings.
(5) Where the Deputy Commissioner fails to inform the applicant of his decision on the application made under sub section (2) within a period of four months, from the date of receipt of the application the permission applied for shall be deemed to have been granted.
(6) Unless the Deputy Commissioner shall in any particular instance otherwise direct, no application under sub section (20 shall be recognized unless it is made by the occupant. (6A) In Dakshina Kannada District Kodagu District and Kollegala Taluk of Mysore District where any land assessed or held for purposes of agriculture has been diverted or used for and other purpose before the date of commencement of the Karnataka Land Revenue (Amendment ) Act, 1981 the land so used together with the land appurtenants to any building (other than a farm house) therein not exceeding three times the built area of such building shall not with effect from such date be deemed to been permitted to be used for purposes other than agricultural.
(7) When any land assessed or held for the purpose of agriculture is or is diverted under the proviso to the said sub-section or is deemed to have been permitted under sub-section (5) or sub-section (6a) to be used for any purpose unconnected with agriculture, the Deputy Commissioner may subject to such rules as may be made by the State Government in this behalf require the payment of a fine no assessment shall be leviable on such land thereafter except under sub-section (2) of section 83.
Explanation :- For the purpose of this section 'occupant' includes a mulgeni tenant or a purmanent tenant.
Section:- 96: Penalty for using agricultural land for other purpose without permission (1) If any land assessed or held for the purpose of agriculture be diverted or used for any other purpose without the permission of the Deputy Commissioner or before the expiry of the period prescribed in sub-section (5) of the section 95, the Deputy Commissioner may summarily evict the occupant and the person responsible for the diversion from the land so diverted and any building or other construction erected thereon shall also if not removed after such writer notice as the Deputy Commissioner may deem reasonable be liable to forfeiture or summary removal. The occupant and the person responsible for the diversion shall also be liable to pay such penalty not exceeding one thousand rupees as the Deputy Commissioner may subject to the rules made by the State Government in this behalf direct.
(2) If any land assessed or held for the purpose of agriculture has been diverted for any other purpose in contravention of an order passed or of a condition imposed under section 95, the Deputy Commissioner may serve a notice on the person responsible for such contravension directing him within a reason able period to be stated in the notice to use the land for its original purpose or observe the condition and such notice may require such person to remove any structure, to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose or that the condition may be satisfied Subject to the order of the State Government, the Deputy Commissioner may also impose such person a penalty not exceeding one thousand rupees for such contravention and a further penalty not exceeding twenty five rupees for each day during such contravention continues.
(3) If any person served with a notice under sub section (2) fails within the period stated in the notice to take steps ordered by the Deputy Commissioner under that sub section the Deputy Commissioner may himself take such steps cause them to be taken, and any cost incurred in so doing shall be recover from such person in the same manner as arrear of land revenue.
(4) Notwithstanding anything contained in this section, when any land assessed or held for the purpose of agriculture has been diverted or used for any other purpose without the permission of the Deputy Commissioner or before the expiry of the period prescribed in sub section.
(5) of 95 or in contravention of an order passed or the a condition imposed under S. 95 the Deputy Commissioner may subject to such rules as may be prescribed and subject to any or the time being in force regarding erection of buildings or construction of wells and tanks and subject to prescribed terms and conditions compound such diversion or use, on payment of the prescribed amount which may be different for different area or for different contraventions or for different purposes for which the diversion or use in made.
Section :- 97; Diversion Of Non-Agricultural Land Held For Specific Purpose - The provisions of section 95 and 96 shall mutates mutandis be applicable in respect of the diversion or use of any land held free of assessment on condition of being used for a specific non of any land held free of assessment on condition of being used for a specific not agricultural purpose to any other non agricultural purpose .
Section :- 98 Permission May By Granted on Terms - Nothing in section 95 and 96 shall prevent the granting of the permission aforesaid in special cases on such terms and conditions as may be agreed to between the Deputy commissioner and the occupant in accordance with the subject to the terms and conditions specified in the rules made in this behalf of the State Government.