95. Uses of agricultural land and the procedure for use of agricultural land for other purpose.
(1)Subject to any law for the time being in force regarding erection of buildings or construction of wells 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 [notwithstanding anything contained in any law for the time being in force] [Inserted by Act 2 of 1991 w.e.f. 15.1.1965.] 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 conditions as he may think fit.[Provided that in case of any agricultural land assessed or held for the purpose of agriculture, falling within the Local Planning Area for which the Master Plan has been duly published under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and such land and such diversion is in accordance with the purpose of land use specified in such Master plan. The permission therefore shall be deemed to have been granted subject to payment of fine prescribed under sub-section (7).] [Substituted by Karnataka Act No. 11 of 2018, dated 17.3.2018.](2A)[ Where any occupant of land assessed or held for the purpose of agriculture has diverted such land or part thereof to residential purpose without obtaining the permission of Deputy Commissioner under sub-section (2), prior to 31st day of December 2008 and desirous to get such diversion be regularised, shall, apply [within the period of one year from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 2011] [Shall be and shall always be deemed to have been substituted by Act 29 of 2011 w.e.f. 27.6.2011.] in such form, alongwith such fee and penalty, as may be prescribed, to the Deputy Commissioner. On receipt of such application, the Deputy Commissioner may, notwithstanding anything contained in this Act, but subject to the provisions of any other law for the time being in force and subject to such conditions and in such manner as may be prescribed, on production of such evidence as he may require it to be necessary and after an enquiry, regularise or refuse to regularize except where such land,-(i)lies in the line of natural drains or course of valley;(ii)belongs to the State Government or an authority owned or controlled by the State Government or any local Authority;(iii)coming in the way of existing or proposed roads, inner or outer ring roads, national high ways, by pass over ring roads including those proposed for widening and railway lines, tram ways, mass rapid transit system projects, communications and other civic facilities or public utilities;(iv)is a forest land;(v)belonging to another person over which the applicant has no title;(vi)is reserved for parks, play grounds, open places or for providing any civic amenities;(vii)or building is abutting to neighbouring property, storm water drains, tank bed areas, river course or beds and canals or below the high tension electric line;(viii)use is against height restrictions specified in zoning regulations for heritage monuments, aerodrums and Defense Regulations;(ix)not conforms to any clearance from high-tension lines or fire protection measures;(x)is in the area covered by the Coastal Zone Regulations of the Ministry Environment and Forest, Government of India;(xi)regularisation of violation in respect of change of land use shall be made as far as may be in accordance with section 14A of the Karnataka Town and Country Planning Act, 1961;(xii)or development in respect of any building having more than two floors shall be regularised unless,-(a)a certificate from a Structural Engineer is produced regarding the structural stability of such building;(b)a No Objection Certificate is obtained from the Fire Force Department.(xiii)or unauthorised development or construction made in agricultural zone of approved Master Plan or green belt area declared under Karnataka Land Revenue Act, 1964; and(xiv)is covered under any other prohibition as may be prescribed:(2AA)Burden of proving that the diversion or change of land use was made for residential purpose prior to 31st day of December 2008 shall lie on the applicant who seeks regularisation of such unauthorised diversion or change of land use.(2AAA)All such diversions or change of land use which are not regularised or where applicant does not apply within the time specified in sub-section (2A) shall be liable to be demolished or brought back to their earlier use and expenses incurred thereon shall be collected from such person as arrears of land revenue.][Provided that the Deputy Commissioner shall not refuse permission for diversion of such land included in the [Master Plan] [Inserted by Act 2 of 1991 w.e.f. 20.3.1991.] published under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), if such diversion is in accordance with the purpose of land use specified in respect of the land in such plan.][[Provided further that] [Inserted by Act 20 of 1983 w.e.f. 28.6.1983.] 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, wet land or garden land] [Substituted by Act 2 of 1991 w.e.f. 20.3.1991.] 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 1962); or(b)a grantee of such land under section 77 of the said Act, may, without obtaining the permission required under this sub-section and notwithstanding anything contained therein, 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).](3)Permission to divert may be refused by the Deputy Commissioner on the ground [that the diversion is likely to defeat the provisions of any law for the time being in force or that it is likely to cause a public nuisance] [Substituted by Act 2 of 1991 w.e.f. 20.3.1991.] or that it is not in the interests 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)[ xxx] [Omitted by Act 1 of 2005 w.e.f. 14.2.2005.](3B)[ xxx] [Omitted by Act 1 of 2005 w.e.f. 14.2.2005.](4)Conditions may be imposed on diversion in order to secure the health, safety and convenience, and in the case of 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 do 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 (2) shall be recognised unless it is made by the occupant.(6a)[ In Dakshina Kannada District, Kodagu District, and Kollegal Taluk of Mysore District where any land assessed or held for purposes of agriculture has been diverted or used for any other purposes, before the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1981, the land so used together with the land appurtenant to any building (other than a farm house) therein, not exceeding three times the built area of such building, shall with effect from such date be deemed to have been permitted to be used for purposes other than agriculture.] [Inserted by Act 42 of 1981 w.e.f. 2.10.1980.](7)[ When any land assessed or held for the purpose of agriculture is permitted under sub-section (2) [or is diverted under the [provisos] [Substituted by Act 42 of 1981 w.e.f. 2.10.1980.] 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 permanent tenant.]
