Section 5 in The Karnataka Land (Restriction On Transfer) Act, 1991
5. Application for grant of permission of transfer under section 4.-
(1)Any person desiring to transfer any land referred to in section 4 by sale, mortgage, gift, lease or otherwise may make application in writing to the competent authority containing such particulars as may be prescribed.(2)On receipt of an application under sub-section (1), the competent authority shall, after making such enquiry as it deems fit, may by order in writing, grant or refuse to grant the permission applied for.(3)The competent authority shall not refuse to grant the permission applied for under this section except on one or more of the following grounds, namely:-(i)that the land is needed or is likely to be needed for the effective implementation of the scheme;(ii)that the land is needed or is likely to be needed for securing the object of the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 or any Urban Development Authority constituted under the Karnataka Urban Development Authorities Act, 1987;(iii)that the land is needed or is likely to be needed for such times as public buildings and other public works and utilities, roads, housing, recreation, industry, business markets, schools and other educational institutions, hospitals and public open spaces and other categories of public uses.(4)Where the competent authority refuses to grant the permission applied for, it shall record in writing the reasons for doing so and a copy of the same shall be communicated to the applicant.(5)Where within a period of thirty days of the date of receipt of an application under this section the competent authority does not refuse to grant the permission applied for or does not communicate the refusal to the applicant, the competent authority shall be deemed to have granted permission applied for.
