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LEGAL AND PROCEDURAL ASPECTS IN ACQUIRING AGRICULTURAL LAND BY INDUSTRIES IN KARNATAKA
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Industry cannot buy agricultural land in its name, without following several procedures.
QUALIFICATIONS FOR A PERSON TO BUY AGRICULTURAL LAND. 1. He should be an agriculturist having agricultural land in his name/ or agricultural labourer who obtained permission from Assistant Commissioner. 2. He should not have non-agricultural income above Rs 2 Lakh per annum calculated average of five years past. The income will be ascertained on Income tax returns. Not only his income his spouse and minor siblings’ income is also added into that.
STAGE-1:- INITIAL SELECTIVITY
1. 2. 3. 4. Land suitability to the project to be checked. Avoid any sc/st grant lands to most extent. Check out zoning pattern in local planning authority to see that future industrial conversion can be obtained or not. Check out in near by panchayaths regarding their treatment of local industries.
STAGE-2:- PRELIMINARY RECORDS TO BE OBTAINED BEFORE FIXING LANDS
1. 2. 3. 4. 5. 6. 7. 8. 9. ‘RTC’ FROM 1968 TO 2000 (HAND WRITTEN FROM TAHSILDAR OFFICE RECORD SECTION) RTC FROM 2001 TO UPTO DATE FROM COMPUTER KIOSK TAHSILDAR OFFICE VILLAGE MAP FROM TAHSILDAR OFFICE SURVEY SECTION ‘AKHAR BANDH’ OR ‘KARAB UTARU’ OF EACH SURVEY NUMBER FROM TAHSILDAR OFFICE SURVEY SECTION ‘PAKKA BOOK NAKAL’ OR ‘KARDHA REGISTER EXTRACT’ FROM TAHSILDAR OFFICE SURVEY SECTION ‘KETHUVARU NAKAL’ FROM FROM TAHSILDAR OFFICE RECORD SECTION MUTATION REGISTER EXTRACTS OF EACH MUTATION THAT CAN BE FOUND IN DOCUMENTS 1 AND 2 AS ABOVE. ‘RR’ AND ‘ILR’ DOCUMENTS RELATED TO SUCH SURVEY NUMBER. GRANT CERTIFICATES IF IT IS GRANTED FROM TAHSILDAR OFFICE RECORD SECTION.
10. GRANT REGISTER EXTRACT IF IT IS GRANTED LAND FROM TAHSILDAR OFFICE RECORD SECTION
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11. SURVEY TIPPANI OF EACH SURVEY NUMBER FROM TAHSILDAR OFFICE SURVEY SECTION 12. G-TREE OF SELLER. 13. MOTHER DEED AND TITLE DEED AND VERIFICATION OF ORIGINALS 14. IF IT IS TENANTED LAND FORM 10 AND OCCUPANCY GRANT ORDERS 15. IF IT IS INAM LAND INAM REGRANT ORDER
STAGE-3:- SALE AGREEMENT AND ADVANCE PAYMENT TO LAND OWNERS 1. 2. 3. If one goes with permission from DC to purchase sale agreement in company name to be made. If one purchases in the name of their confident who has above criteria. Then sale agreement in his name is enough. One can go for registered sale agreement coupled with GPA from the farmers to an individual to sell that land to company after finishing required formalities. Notary GPA is not valid, GPA to be executed before Sub-registrar by paying proper stamp duty. 4. 5. 6. 7. One can go for sale agreement and apply for conversion in farmers name and go for final sale after conversion, which will be risky with fluctuating minds of farmers. One can go for registration and keep that file pending in sub-registrar office till the approval to purchase land is obtained from DC. All these modes have its own risk and expenses. During the process of such acquisition a person from Village accountant, Revenue Inspector, tahsildar, Assistant Commissioner, HQA, Deputy Commissioner should be in touch with by liasioning representative to avoid all adverse affects.
NEXT STAGE OF DOCUMENTS NEEDED AFTER FINALISING CLARITY IN TITLE AND PURCHASABLE SUITABILITY 1. 2. 3. 4. Encumrance certificate to be fixed from the dates to present dates that will be fixed depending on each case. Local clearance certificates from the mortgage loans that may have been made by farmers. Suitable spot verifications as to extent of land and encroachments and any issues related to G-Tree. Certain documents of NOC from tahsildar office and land acquisition offices.
IF YOU GO BY PERMISSION FROM STATUTORY AUTHORITIES – TWO STAGES DEPENDING UPON YOUR INVESTMENT
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NODAL AGENCY FOR FACILITATING SUCH PROJECTS IS KARNATAKA UDYOG MITRA
EVEN AFTER OBTAINING SINGLE WINDOW CLEARANCE - APPLICATION TO DC FOR PURCHASE PERMISSION IS MUST
IN KARNATAKA THE CEILING LIMIT ON LAND HOLDING IS IN RESPECT OF ONLY AGRICULTURAL LAND AND STILL IT IS IN FORCE:-
CEILING IN CASE OF INDIVIDUAL AND FAMILY:-
A person having no family can hold 10 units of agricultural land. That is A class land 10 acres and D class land 54 acres as calculated in the table below.
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If a person having family holds land, then his holding is calculated by adding 2 units to 6 th person in his family like that each additional person will get 2 units extra. The total such units shall not exceed 20 units in a family.
Suppose a family inherits land from its ancestors, then each person in the family who is entitled for share will get such notional allotment for calculating the ceiling limit.
The prominent thing to be noted here is for Hindus the inheritance to ancestral and joint family property arises from the date of birth of each co-parcener. However there is no concept of joint family among muslims and Christians. The right to succession among them only arises after the death of an individual, his/her siblings inherit as per their position in their law. However for land reforms act, Under section 2(17) the "Joint family" means in the case of persons governed by Hindu Law, an undivided Hindu family, and in the case of other persons, a group or unit the members of which are by custom joint in estate or residence.
The ceiling limit for a tenant who becomes tenant as to any land leased after the commencement of the Karnataka Land Reforms (Amendment) Act, 1995 in the districts of Uttara Kannada and Dakshina Kannada by land-owners or persons registered as occupants under the provisions of this Act, for the purpose of utilising the land for acquaculture for a period not exceeding twenty years, at such lease rent as may be determined by mutual agreement between the parties and such agreement shall be registered and a copy thereof shall be sent to the Deputy Commissioner within fifteen days from the date of such registration. The ceiling limit in such case is 40 units.
In the case of a family the ceiling area shall be applied to the aggregate of the lands held by all the members of the family, including the 'stridhana' land.
In calculating ceiling limit the persons holding share in the co-operative farm or trust shall be taken into account.
In case of individual the family means his/her spouse or spouses including such individual and his/her minor sons and unmarried daughters. In case if he/she has no spouse, such individual and his / her minor sons and unmarried daughters. In case if he/she is a divorced person and who has not remarried then his/her minor sons and unmarried daughters including such individual and it is immaterial whether such son or unmarried daughter is in his/her custody or not. Where individual and his/her spouse is both dead then their minor sons and unmarried daughters. Here in the family for the purposes of Karnataka Land Reforms act such individuals father, mother, brothers, sisters and married daughters are not included in the definition of family as given under section 2(12).
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TABLE OF CEILING LIMIT AND 79A AND 79B UNDER KARNATAKA LAND REFORMS ACT
CLASS OF LAND
APPLICABILITY OF 79A AND 79B
CLASSIFIED UNDER LAND REFORMS ACT
CLASSIFIED UNDER LAND
REVENUE ACT AS PER SECTION 104 OF LAND REFORMS ACT 'PLANTATION' MEANS LAND USED BY A PERSON PRINCIPALLY FOR THE CULTIVATION OF PLANTATION CROP AND INCLUDES ‘PLANTATION LAND’ MEANS
NO CEILING LIMIT
LAND IN WHICH A PLANTATION
(I) ANY LAND USED BY SUCH PERSON FOR ANY PURPOSE ANCILLARY TO THE CULTIVATION OF SUCH CROP OR FOR PREPARATION OF THE SAME FOR THE MARKET, AND
CROP, THAT IS, CARDAMOM, COFFEE, PEPPER, RUBBER OR TEA,
(II) AGRICULTURAL LAND INTERSPERSED WITH THE BOUNDARIES OF THE AREA CULTIVATED WITH SUCH CROP BY SUCH PERSON,
CAN BE GROWN.
NOT EXCEEDING SUCH EXTENT AS MAY BE DETERMINED BY THE PRESCRIBED AUTHORITY AS NECESSARY FOR THE PROTECTION AND EFFICIENT MANAGEMENT OF SUCH CULTIVATION. A CLASS LAND HAVING SOIL 10 ACRES APPLICABLE LANDS HAVING FACILITIES FOR ASSURED IRRIGATION FROM SUCH GOVERNMENT CANALS AND GOVERNMENT TANKS AS ARE CAPABLE OF SUPPLYING WATER FOR GROWING TWO CROPS OF PADDY OR ONE CROP OF SUGARCANE GRADEN LAND
CLASSIFICATION VALUE ABOVE 8 ANNAS A CLASS LAND HAVING SOIL 13 ACRES APPLICABLE
CLASSIFICATION VALUE BELOW 8 ANNAS B CLASS LAND HAVING SOIL 15 ACRES APPLICABLE LANDS IRRIGATED BY SUCH LIFT IRRIGATION PROJECTS CONSTRUCTED AND MAINTAINED BY THE STATE GOVERNMENT AS ARE CAPABLE OF GARDEN LAND
CLASSIFICATION VALUE ABOVE 8 ANNAS B CLASS LAND HAVING SOIL 20 ACRES APPLICABLE
SUPPLYING WATER FOR GROWING TWO CROPS OF PADDY OR ONE CROP OF SUGARCANE
CLASSIFICATION VALUE BELOW 8 ANNAS C CLASS LAND HAVING SOIL 25 ACRES APPLICABLE (I) LANDS IRRIGATED FROM ANY GOVERNMENT SOURCES OF IRRIGATION, INCLUDING LIFT IRRIGATION PROJECTS CONSTRUCTED AND MAINTAINED BY GOVERNMENT OTHER THAN THOSE COMING UNDER A CLASS AND B CLASS. BOTH GARDEN
AND WET LANDS
CLASSIFICATION VALUE ABOVE 8 ANNAS
(II) LANDS ON WHICH PADDY CROP CAN BE RAISED OR ARECA CROP IS
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(III) LANDS IRRIGATED BY LIFTING WATER FROM A RIVER OR GOVERNMENT CANAL OR GOVERNMENT TANK WHERE THE PUMPING INSTALLATION OR OTHER DEVICE FOR LIFTING WATER IS PROVIDED AND MAINTAINED BY THE LAND OWNER. C CLASS LAND HAVING SOIL 30 ACRES APPLICABLE NOTES: (1) LANDS HAVING FACILITIES FOR IRRIGATION FROM A GOVERNMENT SOURCE WHERE THE SYSTEM OF WATER SUPPLY IS SUITABLE FOR GROWING ONLY LIGHT IRRIGATED CROP NAMELY, CROPS OTHER THAN PADDY AND SUGARCANE SHALL COME UNDER THIS CLASS. BOTH GARDEN
AND WET LANDS
CLASSIFICATION VALUE BELOW 8 ANNAS
(2) LANDS GROWING IRRIGATED GARDEN CROP WILL COME UNDER CLASSES 'A', 'B' OR 'C' AS THE CASE MAY BE DEPENDING UPON THE SOURCE OF IRRIGATION AND THE SYSTEM OF WATER SUPPLY D CLASS LAND 54 ACRES APPLICABLE LANDS CLASSIFIED AS DRY BUT NOT HAVING ANY IRRIGATION FACILITIES FROM A GOVERNMENT SOURCE. LANDS GROWING PADDY OR GARDEN CROPS NOT COMING UNDER A CLASS, B CLASS OR C CLASS SHALL BELONG TO THIS CLASS. DRY LAND
LAND TRANSACTORS SHOULD KNOW OR GET IT ADVISED
It is not enough to have procedural aspects of registration and stamp duty to complete a transaction in property matters. Before transaction it needs advise or thorough knowledge of likely disputes that may arise in the transactions, Hindu Law, Muslim personal law, Transfer of property act, Difference in joint family property/ ancestral property/ self acquired properties, Law of specific Relief, Law of contract, Law of business affecting family properties, Land revenue provisions affecting land purchases, Land reforms provisions affecting land purchases, Land acquisition laws, SC/ST provisions like PTCL ACTS, High Court and Supreme Court rulings and interpretations on various legal subjects affecting property matters, Country and Town planning law, Law governing Urban development authorities, Comprehensive development plans(CDP), Outline Development Plan(ODP), Master plan, Land grant rules affecting transfer of granted lands, Consequence of each line of words in title deeds and other documents, Law governing Rectification of wrongs in title through legal way, Law governing Rectification of documentary wrongs in a legal way, Law governing evidentiary value of documents, Law governing all rights over the property by several persons, Law of encumbrance and charges, Law of mortgages and its long time consequences, Law governing limitations within which disputes may have arisen, Law governing criminal consequences involved in property transactions, Law governing matrimonial responsibilities affecting properties, Law governing fiduciary responsibilities affecting properties, Law governing Conversions and Zoning regulations, Law governing Municipal and Local authorities related to properties, Law governing Trees, environment, ground water utilization, possession etc etc etc. There is no end in the list.
FAKE RECORDS DESTROYING HEALTHY ACQUISITIONS
The most important aspect is many are selling government lands with fake documents, Government of Karnataka brought an ordinance to penalise such things. In some cases the title to properties are fraudulently created from out of fake revenue records or fake registered records, some deserted lands are under land
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mafia gangs with fake documentations, many politicians and once rowdy elements are in the real estate business. The persons who seek to invest in lands healthy purchase of properties. has to keep all these factual position in mind to have
IF THERE IS NO RTC IN PERSONS NAME AND IF HE IS WITHIN INCOME LIMIT, IF HE IS AGRICULTURAL LABOURER, THEN PERMISSION TO BUY LAND FROM THE ASSISTANT COMMISSIONER OF SUCH SUBDIVISION WHERE LAND EXISTS IS MUST.
BEFORE THE ASSISTANT COMMISSIONER ________________ SUBDIVISION, ________
LRF APPLICATION_____________/2013 APPLICATION SEEKING PERMISSION UNDER SECTION 80 OF THE ACT, 1961. 1 Name of the Applicant with detailed address (in Block letters) Occupation Show how you are doing agricultural activity from 0103-1974 Whether you annexed the GTree of your family What is the average annual income of your family for the last five years Which land is proposed to be purchased (a) Agreement copy entered between the land owner and the applicant. (b) enclose certified copies of RRs and Mutations issued by the Revenue Authorities. (c) When and how the land/s has / have been obtained by the Seller(s). Furnish List with title certificate . In such cases where seller has himself purchased the land he now proposes to sell. (i) Whether the seller has obtained Permission from competent authority before purchasing that land. (ii) If he is a Income Tax payee whether the Income Tax clearance certificate issued from the Income Tax Department is enclosed. (iii) Whether any case under 79-A and B has been registered in respect of land now proposed to be sold. If yes, details thereof. (i) Whether the applicant is already having agricultural land in his name or in the name of any other family member. If so, furnish the details. Village, Taluk, Sy. No. KARNATAKA LAND REFORMS
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extend category-A, B, C, D under Karnataka Land Reforms Act, In case of nonAgricultural land, the area in square meters and bifurcate utilised and non-utilised area. (ii) Extent of land for which permission is sought and justification thereof. 10 If income Tax payee copy of the Income Tax certificate issued from the Income Tax Department enclosed. Whether the proposed land falls under Zoning regulations of the country and Town Planning Act/ 1961 (Certificate of the Concerned Planning Authority to be enclosed). Source of finance proposed purchase. for the
Show how the land has not attracted any bar under any provisions of law in sale of such land. Professional expertise of the applicant in the respective field.
Place Date Signature of the applicant
VERIFICATION I ______________________________ the applicant herein above do hereby solemnly affirm and verify the contents of this application as true and correct to the best of information and belief. Nothing herein is hidden, nothing is untrue, all facts are true and correct to the best of my knowledge. Date Place List of documents annexed RTC & MR of land for which permission is sought. Title deed of land Sale Agreement copy RTC of the applicant family from 01-03-1974 Saral copies of IT for past five years G-Tree of applicant Affidavit swearing that applicant does not come under 79A &79B Title certificate of the land Source of finance list Certificate from planning authority List of lands held by applicant Others (Applicant)
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
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APPLICATION TO FILE BEFORE DEPUTY COMMISSIONER TO OBTAIN PERMISSION TO PURCHASE AGRICULTURAL LAND, BY THE INDUSTRY OR BY THE PERSON WHO DOES NOT SATISFY THE PURCHASABLE CRITERIA OF AGRICULTURIST AND INCOME CEILING LIMIT.
TO THE DEPUTY COMMISSIONER __________________ DISTRICT ________________ FORM 15A [ SEE RULE 38-D OF KARNATAKA LAND REFORMS RULE ] Application for claiming/granting exemption under Section 109 of the Karnataka Land Reforms Act, 1961 (To be filled in by the Applicant/Institution). 1. Name of the Applicant/Institution with detailed address (in Block letters)
Purpose for which exemption is sought.
Date of registration of firm/Institution under the Indian Companies Act, Societies Registration Act or any Other law. (Copy of the Registration Document to be enclosed along with the Memorandum of Articles of Association) In case of Co-operative Housing Society, list of members to be enclosed).
(a) Registration Certificate issued by the Department of Industries and Commerce for having registered as an industry (copy to be enclosed) (b) In case of Educational Institutions recognition letter/order issued by State/Central Government. (c) Place of workship Notification issued by Government as detailed in Rule (3)(iii). (d) Audit Report of the previous year of the Company. (e) Deputy Registrar of Co/operative Societies Report.
a) Agreement copy entered between the land owner and the applicant. b) Enclose certified copies of RR’s and mutations issued by the revenue authorities. c) When and how the land has been obtained by the seller(s) furnish list.
In such cases where seller has himself purchased the land he now proposes to sell. 1. Whether the seller has obtained
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the permission from competent authority before purchasing that land. 2. If he is an Income Tax payee, whether the income tax clearance certificate issued by I.T. Dept. is enclosed. 3. Whether any case under section 79A and B has been registered in respect of land now proposed to be sold. 7. If yes, the details thereof. 1. Whether the applicant is already having agricultural land in his name. If so, furnish details. 2. Extent of land for which exemption is sought and justification thereof. 8. If income tax payee copy of income tax certificate issued from the income tax department to be enclosed.
Whether the proposed land falls under zoning regulations of country and town planning act 1961. (Certificate of the Concerned Planning Authority to be enclosed).
Source of finance for the proposed project.
Copy of the project report
Professional expertise of the applicant.
PLACE: DATE: Signature of the applicant.
List of documents annexed a. RTC & MR of land for which permission is sought. b. Title deed of land c. Sale Agreement copy d. Project Report e. Industry Registration certificate f. Audit report of previous year g. Title certificate of the land h. Source of finance list i. Certificate from planning authority j. List of lands held by applicant k. Others
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CONVERSION OF LAND FROM AGRICULTURAL TO NON AGRICULTURAL PURPOSE
1. 2. 3.
In single window clearance all departments give their NOC in single go. If you go through conversion process through farmers or through trusted representative the procedure and time limit for such conversion formality is 3 months. The NOC from different departments to be obtained including several certificates from revenue department. FORMAT OF APPLICATION TO BE FILED FOR CONVERSION OF LAND