THE KARNATAKA LAND REVENUE (THIRD AMENDMENT) ACT, 2024
Karnataka Act No. 06 Of 2025
Arrangement of Sections
Sections:
1. Short title and commencement
2. Amendment of section 67
3. Amendment of section 95
4. Amendment of section 104
5. Amendment of section 136
STATEMENT OF OBJECTS AND REASONS
Amendment Act 06 of 2025:- Whereas several cases are being registered against the notices issued under section 104 of Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) and the Government has felt that it is necessary to give more clarity regarding removal of encroachments in Government land by various authorities under the said Act.
And whereas, Hon’ble High Court of Karnataka in W.P. No:14456 of 2023, and in a few other cases have concluded that provisions of Section 104 read with Section 67 of Karnataka Land Revenue Act, 1964, only the Deputy Commissioner shall issue the notice for removal of encroachments, not the Tahsildar. However, Section 67 of the Act is about deciding ownership claims, while Section 104 deals with eviction of encroachments. So, it is necessary to bring more clarity in section 104 of the Act.
Further, the Deputy Commissioners are entrusted with lots of responsibilities and it is not possible for the Deputy Commissioner to look into each and every claim or encroachment case and make orders after hearing the parties/considering objection etc. So, it is proposed that the Assistant Commissioners should be given powers under Section 67 of the Karnataka Land Revenue Act, 1964.
Sub-Section 3 of Section 67 provides for appeal / revision, the proposal is to omit this sub section, since there is provision for appeal or revision under Section 49 and Section 50 of the said Act.
Further, there are many instances where petitioners are approaching Hon’ble High Court of Karnataka against orders passed by the Deputy Commissioners or Special Deputy Commissioners under section 136(3) of the Karnataka Land Revenue Act, 1964 under Writ jurisdiction. The High Court is also burdened with such cases in large number in Writ Petitions. The Karnataka Revenue Appellate Tribunal has been constituted in Chapter IV under Section 40 of the Karnataka Land Revenue Act, 1964 to hear Revenue matters relating to Appeal, revision and other proceedings as per provisions of Chapter V of the said Act.
Further, in the para 258 of 2023-24 budget speech, it was announced that “Agricultural land up to 2 acres shall be exempted from land-use conversion for establishing new industries. The Karnataka Land Revenue Act, 1964 will be amended suitably for this purpose.”
Hence, Commerce and Industries department has proposed to amend Section 95 of the Karnataka Land Revenue Act, 1964 to exempt 2-00 acres of agricultural land from conversion for establishing new industries. Accordingly, the amendment to Section 95 of the Karnataka Land Revenue Act, 1964 is proposed.
So, it is felt necessary that the appeal/review against the orders of Deputy Commissioners should be heard by the Karnataka Revenue Appellate Tribunal. This will also reduce the burden on the Hon’ble High Court.
Therefore it is considered necessary to amend the Karnataka Land Revenue Act, 1964 to provide for:-
(i) powers to Assistant Commissioner or Survey Officers not below the rank of Assistant Commissioner to decide the claims of any person or on behalf of the State Government about any property or any right in or over any property under Section 67;
(ii) agricultural land up to 2 acres shall be exempted from land-use conversion for establishing new industries under Section 95;
(iii) more clarity regarding removal of encroachments in Government land by Tahsildar under Section 104;
(iv) removal of any ambiguity between understanding of Sections 39, 67 and 104;
(v) provision to enable the Karnataka Revenue Appellate Tribunal to hear the appeals against orders passed under Sections 67(2) and 136(3) of the
Karnataka Land Revenue Act, 1964. Therefore, after detail examination it is considered necessary to amend Section 67, Section 95, Section 104 and Section 136 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) and certain consequential amendments are also made.
Hence, the Bill.
[L.A. Bill No.56 of 2024, File No. SAMVYASHAE 68 SHASANA 2024]
[Entry 18 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.20 in part-IVA dated:10.01.2025]
KARNATAKA ACT NO. 06 OF 2025
(First Published in the Karnataka Gazette Extra-ordinary on the10th day of January, 2025)
THE KARNATAKA LAND REVENUE (THIRD AMENDMENT) ACT, 2024
(Received the assent of the Governor on the 9th day of January, 2025)
An Act further to amend the Karnataka Land Revenue Act, 1964.
Whereas it is expedient further to amend the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) for the purposes hereinafter appearing:
Be it enacted by the Karnataka State Legislature in the Seventy fifth year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called as the Karnataka Land Revenue (Third Amendment) Act, 2024.
(2) It shall come into force at once.
2. Amendment of section 67.- In the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), (hereinafter referred to as the Principal Act) In section 67,-
(i) in sub-section (2), for the words “the Deputy Commissioner or a Survey Officer not lower in rank than a Deputy Commissioner” the words “Assistant Commissioner or a survey Officer not lower in rank than the Assistant Commissioner” shall be substituted; and
(ii) sub-section (3) shall be omitted.
3. Amendment of section 95.- In the Principal Act, in section 95 in sub-section (2), in clause (i), after the proviso, the following proviso shall be inserted, namely:-
“Provided further that, no diversion of land for non-agricultural purpose shall be required, if agricultural land upto 2.00 acres is used for establishing new industries, if such lands assessed or held for the purpose of agriculture, is as per the land use as specified in the Master Plan duly published, for the concerned land under the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) with approval of the State Government.”
4. Amendment of section 104.- In the Principal Act, in section 104, for the words and figures “not transferable by virtue of any condition lawfully annexed to the tenure, under the provision of section 91, section 98 or section 99” the words and figures “which is covered under sections 67 or 71 of the Act” shall be substituted.
5. Amendment of section 136.- In the Principal Act, in section 136, in sub-section (1), the word “not” shall be omitted.
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