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State of Karnataka - Section

Section 94CC in Karnataka Land Revenue Act, 1964

94CC. [ Grant of Land in case of construction of dwelling house in occupied land in urban area. [Inserted by Karnataka Act No. 07 of 2015, dated 12.1.2012.]

- Notwithstanding anything contained in this Act and except as hereinafter provided in this section, the prescribed authority, if satisfied after holding such enquiry as it deems fit that any person is in unauthorized occupation of any revenue land belonging to Government and has constructed a dwelling house on such land, prior to [first day of January, 2015], in an urban area may on an application made to it by such person within such period, in such form along with such fee and on payment of such amount, as may be prescribed grant in such manner and subject to the following conditions and such other restrictions and conditions as may be prescribed, such land to the extent covered by the house to be specified in the order of grant, namely,-
(i)The applicant shall submit proof for having constructed the dwelling house prior to [first day of January, 2015] [Substituted 'First day of January, 2012' by Karnataka Act No. 50 of 2017, dated 13.12.2017.];
(ii)No vacant land without a dwelling house shall be regularized;
(iii)No land shall be granted if the person who has applied for grant of such land or any member of his family owns any building or site within the urban area in which the land for which application is made is situated;
(iv)No person shall be eligible for grant of land for more than one dwelling house either in his name or in the name of any member of his family;
Explanation : For the purpose of this clause "Members of Family" means and includes the husband, wife, un-married daughters and minor sons as the case may be.
(v)The land so granted shall not be alienated for a period of fifteen years from the date of receipt of order of grant;
(vi)The grantee shall not use the building for any purposes other than as dwelling house;
(vii)No land with dwelling house shall be granted in the areas belonging to the City Corporation or Municipalities or Urban Local bodies or Development Authorities or Town Planning Authority including Pattan (Town) Panchayat lying within the limits of cities and urban areas;
(viii)The plinth area of a dwelling house in a site or plot of land not exceeding 20' x 30' feet or actual built up area of the dwelling house whichever is less than be regularized.
[Provided that, in the areas lying within such distance as specified in column(3) of the table below from the limits of the Municipal Corporations, Municipalities and Town Panchayats specified in column(2) thereof, a dwelling house in a site or plot of land measuring 30x40 feet or actual built up area of the dwelling house whichever is less, may be granted subject to fulfillment of other conditions specified in this section.] [Inserted by Karnataka Act No. 20 of 2017, dated 3.4.2017.]
(ix)No land occupied by dwelling house shall be granted where such land,-
(a)lies in the line of natural drains or course of valley;
(b)belongs to an authority owned or controlled by State Government or any local authority;
(c)coming in the way of existing or proposed roads, inner or outer ring roads, national highways, by pass over ring roads including those proposed for widening and railway lines, tramways, mass rapid transit system projects, communications and other civic facilities or public utilities;
(d)where occupied site or plot of land is of more than the prescribed limit;
(e)is a forest land;
(f)belongs to another person over which the applicant has no title;
(g)is reserved for parks, play grounds, open places or for providing any civic amenities;
(h)is abutting to neighbouring property, storm water drain, tank bed areas, river course or beds and canals or below the high tension electric lines;
(i)use is against height restrictions specified in zoning regulations for heritage monuments, aerodromes and Defence regulations;
(j)not conforms to any clearance from high-tension lines or fire protection measures;
(k)is in the area covered by the Coastal Zone Regulation of the Ministry of Environment and Forest, Government of India:
Provided that, regularization of violation in respect of change of land use shall be made as far as may be in accordance with Section 14-A of the Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and is in accordance with the approved master plan of each City Corporation, Municipalities, Urban Local bodies, Development Authorities and Town Planning Authority.Explanation.- For purpose of this section urban area means area lying within the limits of Cities and City Municipalities specified in column (2) of the table below and within such distance from such limits specified in the corresponding entries in column (3) thereof;
Sl.No. Places Distance
1 Bruhat Bangalore Mahanagaraplaike under theKarnataka Municipal Corporations Act, 1976 18 kms
2 The Cities of Belgaum, Gulbarga, Hubli-Dharwad,Mangalore and Mysore respectively under the provisions ofKarnataka Municipal Corporations Act, 1976 10 kms
3 All City Municipalities under the KarnatakaMunicipalities Act, 1964 5 kms
4 Other Municipal Corporations under the KarnatakaMunicipal Corporations Act, 1976 10 kms
5 TMCs and Town Panchayats 3 kms
][94D. Regularization and grant of land of dwelling house along with site thereof and land immediately appurtenant thereto built on Government land in unrecorded habitations. [Inserted by Karnataka Act No. 49 of 2017, dated 13.12.2017.]- Notwithstanding anything contained in this Act except as hereinafter provided in this section, the prescribed authority, if satisfied after holding such enquiry as it deems fit that any person is in unauthorized occupation of dwelling house along with the site thereof and land immediately appurtenant thereto and necessary for its enjoyment if any, in any land belonging to the Government in the unrecorded habitations prior to the date of commencement of the Karnataka Land Revenue (Third Amendment) Act, 2017, which are falling within the boundaries of a existing village or to be amalgamated or converted into a village, may on an application made to it by such person within such period, in such form, along with such fee and on payment of such amount, as may be prescribed, regularize and grant in such manner subject to the following conditions and such other restrictions and conditions as may be prescribed and specified in the order of grant certificate, namely:-
(i)the application for regularization and grant under this section shall be made by the applicant along with proof with extent and boundaries that he has constructed and occupied the unauthorized dwelling house and site appurtenant thereto kept for agriculture and allied purposes as on commencement of the Karnataka Land Revenue (Third Amendment) Act, 2017;
(ii)no land shall be granted if the person who has applied for regularization and grant of such land or any member of his family owns any building or site within rural or urban areas in which the land for which application is made is situated;
(iii)no person shall be eligible for regularization and grant of land for more than one dwelling house and the site appurtenant thereto either in his name or in the name of any member of his family;
Explanation: For the purpose of this clause "Member of Family" means and includes the husband, wife, unmarried daughters and minor sons as the case may be.
(iv)the land so granted shall not be alienated for a period of fifteen years from the date of receiving grant certificate;
(v)the regularisation made and granted under this section shall not be more than the area actually occupied by the unauthorised dwelling house and the site appurtenant thereto and necessary for its enjoyment if any, in all by such person but not exceeding 4000 square feet whichever is less; and
(vi)no land shall be regularized and granted where construction of dwelling house and the land appurtenant thereto,-
(a)lies in the line of natural drains or course of valley;
(b)coming in the way of existing or proposed roads, inner or outer ring roads, national highways, by pass over ring roads including those proposed for widening and railway lines, tramways, mass rapid transit system projects, communications and other civic facilities or public utilities;
(c)a forest land;
(d)reserved for parks, playgrounds, open places or for providing any civic amenities;
(e)is abutting to neighbouring property, storm water drain, tank bed areas, river course or beds and canals or below the high tension electric lines;
(f)use against height restrictions specified in zoning regulations for heritage monuments, aerodromes and defence regulations;
(g)not conforms to any clearance from high-tension lines or fire protection measures; and
(h)in the area covered by the Coastal Zone Regulation of the Ministry of Environment and Forest, Government of India.
Explanation: - For the purpose of this section "Unrecorded habitation" means Lambani Tanda, Gollarahatti, Vaddarahatti, Kurubarahatti, Nayakarahatti, Majare Grama, Hadi, Doddi, Palya, Camp, Colony or any such group of habitations in any Land belonging to Government and identified as such by the Government which are falling within the boundaries of existing village or to be amalgamated or converted in to a village.]