Section 94AState of Karnataka Act

Section 94A: [ Regularisation of certain cases of unauthorised occupation by constituting committee etc. [Inserted by Act 2 of 1991 w.e.f. 20.3.1991 by notification. Text of the notification is at the end of the Act.]

Karnataka Land Revenue Act, 1964

[ Regularisation of certain cases of unauthorised occupation by constituting committee etc. [Inserted by Act 2 of 1991 w.e.f. 20.3.1991 by notification. Text of the notification is at the end of the Act.]

(1)

Subject to such rules as may be prescribed, the State Government shall, by notification, constitute for each taluk a committee consisting of such number of members [not exceeding five] of whom one shall be a member of Legislative Assembly for the purpose of grant of land under sub-section (4).

(2)

The Tahsildar of the concerned taluk shall be the Secretary of the committee.

(2A)

[ The State Government may, if it is of the opinion that it is necessary, constitute one or more additional committees for a taluk for the purpose of grant of land under sub-section (4) consisting of such number not exceeding five, as may be prescribed and the State Government shall nominate from among the members one of them as the Chairman and another as the Secretary of the committee. When an additional committee is constituted, the Deputy Commissioner shall determine the jurisdictions of the committee and the additional committee and transfer the pending applications to the respective committee.] [Inserted by Act 33 of 1994 w.e.f. 6.7.1994.]

(3)

The [committee or additional committee] [Substituted by Act 33 of 1994 w.e.f. 6.7.1994.] shall follow such procedure as may be prescribed.

(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.

(5)

The amount payable for the grant of land under sub-section (1) [sub-section (2A)] [Inserted by Act 33 of 1994 w.e.f. 6.7.1994.] shall be such as may be prescribed.

(6)

Notwithstanding anything contained in the preceding sub-section,-

(a)

[ The Tahsildar concerned shall issue the order of grant of land, on the recommendations of the committee or additional committee, as the case may be, if any, and issue the saguvali chit. The amount payable, if any, shall be paid in three equal instalments of which the first one shall be paid before the expiry of a period of thirty days from the date of communication of the order of grant and the remaining two within such period as may be prescribed; and] [Substituted by Act 33 of 1994 w.e.f. 6.7.1994.]

(b)

[ x x x] [Omitted by Act 33 of 1994 w.e.f. 6.7.1994.]

(c)

the trees, if any, standing on the land granted and the granite in such land shall continue to belong to the Government, which may at its discretion be disposed off by it, in such manner as it may deem fit.]

Sec 94 — Penalties for unauthorised occupation of land

Sec 94B — [ Grant of land in certain cases. [Section 94B inserted by Act 22 of 1998 w.e.f. 1.11.1998 by notification. Text of the notification is at the end of the Act.]

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