Very
often in tracing of title, especially relating to agricultural land,
we find that the land in question is a granted land. In this article
an attempt is made to explain the meaning of the term and the conditions
and restrictions attached to it. Generally, in Karnataka, land has
been granted by the government to agriculturists under various enactments
from time to time. The enactment prevailing as on date is the Karnataka
Land Grant Rules, 1969. Under the rules,
land may be granted by the government for agricultural purposes
to any person who has attained the age of majority, with a gross
annual income not exceeding Rs.8000 and who is a bona fide agriculturist
cultivating the land personally or has a bona fide intention of
taking up cultivation. Persons who own more than four hectares of
garden or wetland or more than eight hectares of dry or rain-fed
wetland are ineligible.
These rules provide that at least 50 per cent of
land shall be granted to persons belonging to Scheduled Castes or
Scheduled Tribes, 10 per cent for ex-servicemen and soldiers, five
for backward tribes, 10 per cent for political sufferers and 25
per cent for others. Under the category of “others,”
priority shall be given first to landless persons residing in the
village in which the land is situated, then to persons holding an
insufficient extent of land in the same village followed by landless
persons residing in other villages in the same or adjacent taluk
and thereafter to others.
Permission needed
The grantee shall not alienate the land for a period of 15 years
from the date of grant. However, the rules also provide that the
grantee may alienate land after a period of five years subject to
obtaining permission from the Deputy Commissioner and on such conditions
as may be specified by the Deputy Commissioner.
The other conditions which are imposed
include:
The land shall be brought under cultivation by the grantee within
three years from the date of taking possession
The grantee shall cultivate the land personally.
In case of land granted to SC/ST, even after the
expiry of 15 years from the date of grant, permission should be
obtained from the State Government before such land is transferred
by the grantee under the provisions of Section 4 of the Karnataka
Scheduled Caste and Scheduled Tribe (Prohibition of Transfer of
Certain Lands) Act, 1978.
The rules provide that if any of the conditions
are contravened by the grantee, the grant shall be liable to be
cancelled and land resumed to the government free from encumbrance.
In view of the restrictions, one has to fully satisfy himself that
the grantee had satisfied all the conditions of the grant before
considering the purchase of such land.
Source: hindu.com
| Charan C S |
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