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[Cites 0, Cited by 21] [Section 94A] [Entire Act]

State of Karnataka - Subsection

Section 94A(4) in Karnataka Land Revenue Act, 1964

(4)Nothing in section 94 shall prevent the committee constituted under sub-section (1), [or additional committee constituted under sub-section (2A)] [Inserted by Act 33 of 1994 w.e.f. 6.7.1994.], but subject to such rules as may be prescribed, if any, to grant to the person liable to be evicted under that section, the land which he had unauthorisedly occupied prior to the [first day of January, 2005] [Substituted 'fourteenth day of April, 1990' by Karnataka Act No. 11 of 2018, dated 17.3.2018.] (hereinafter referred to as the said date) or any portion thereof, if he satisfies the prescribed conditions (including the extent of the land held and unauthorisedly occupied by him) and makes [within a period of one year from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 2018] [Substituted 'within a period of six months from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1990' by Karnataka Act No. 11 of 2018, dated 17.3.2018.] (hereinafter referred to as the Amendment Act), an application for such grant in such form along with such fees as may be prescribed and on payment of the amount payable under sub-section (5):Provided that the land so granted together with the land already held by such person, shall not exceed two hectares of 'D' class of land or its equivalent thereto:Provided further that no land shall be granted in the areas lying within the limits of Cities and City Municipalities specified in column (2) of the Table below and within the distance from such limits specified in the corresponding entries in column (3) thereof:
[Sl. No. [Substituted by Karnataka Act No. 11 of 2018, dated 17.3.2018.] Places Distances
1 2 3
1 Bruhat Bengaluru Mahangarpalike under theKarnatakaMunicipal Corporations Act, 1976 18 Kms.
2 The Cities of Belagavi, Kalaburagi, Hubballi-Dharawada,Mangaluru and Mysuru respectively underprovisions of theKarnataka Municipal Corporations Act,1976;And Other Municipal Corporations under the provisionsof the Karnataka Municipal Corporations Act, 1976 10 Kms.
3 All City Municipal Councils (CMCs) under theprovisionsof the Karnataka Municipalities Act, 1964 5 Kms.
4 All Town Municipal Councils (TMCs) and TownPanchayats under the provisions of the KarnatakaMunicipalities Act, 1964. 3 Kms.]
[Provided that no such land shall be regularized under this section if such land,-
(a)lies in the line of natural drains or course of river valley;
(b)belongs to any local authority or a statutory or non-statutory body of the State Government or Central Government;
(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 civil facilities or public utilities;
(d)is reserved for parks, playgrounds, open places or for providing any civic amenities;
(e)is abutting to neighbouring property, storm water drain, tank bed areas; or
(f)is falling within the Land proposed for acquisition or is required for any proposed project of the state Government or any local authority, statutory or non-statutory body of the State Government.]
Provided that nothing in this section shall apply to Forest lands, plantation lands or lands referred to in sub-section (2) of section 79.Explanation. - For the purpose of this section, 'D' class of land means 'D' class of land or an extent equivalent thereto consisting of one or more classes of land, as specified and determined in accordance with the formula in Schedule I to the Karnataka Land Reforms Act, 1961.