• Limitations for purchase of agricultural land in Karnataka by non-agriculturist

I am a Business man born and residing in Karnataka.My family income is less than 25lakn p.a. We dont have any ancestrial agricultural land. Can I buy land in Karnataka for the purpose of Agriculture.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) section 79 A prohibits purchase of agricultural land by any person or family who have annual income of more than Rs 25 lakhs from non agricultural sources

3) the amendment empowers deputy commissioners of districts, instead of assistant commissioners, to grant permission for non-agriculturists to purchase agricultural land under Section 80 of the Act.

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

the Karnataka Land Revenue Act, 1966 has prescribed the procedure for converting agricultural lands to non-agricultural purpose, under sections 95, 96, 97, and 98, of the Act

any owner of the land, which is assessed or held for agricultural purpose, who wants to divert such land and any part of such land for non-agricultural purpose shall apply for permission to the Special Deputy Commissioner who is the concerned authority in Bangalore Urban and Rural District. The purpose of use of land must be specific and the Deputy Commissioner may grant permission-imposing conditions or may refuse to grant permission for such conversion

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

According to notification RD/7/LGP/95 dated 7/6/99, published in Karnataka Gazette extraordinary dated 8/6/99, the application for conversion has to be submitted in duplicate to the jurisdictional Tahsildar, who will forward the same to the sanctioning authority. Any additional information required has to be intimated to the applicant within one week of receipt of the application.

The Tahsildar shall verify that only the owner has applied for permission and conversion of land does not defeat the provisions of Karnataka Land Reforms Act, Land Grant Rules, Prohibition of Transfer of Certain Lands Act, Rules pertaining to green belt and the land is not notified for acquisition. The burden of verification regarding complicity, violation of the above laws rests solely with the Tahsildar and the applicant shall not be asked to produce any document pertaining to the same.

The Tahsildar shall forward the application to the jurisdictional Deputy Commissioner within 15 days of receipt of the application along with a revenue sketch of the area proposed for conversion, the Deputy Commissioner in turn will inspect the lands to satisfy himself that the conversion does not cause any public nuisance or violate the existing provisions of any law.

If the conversion is permitted, then the applicant will be issued a notice to pay the requisite fine within 15 days of the notice.

The Deputy Commissioner may refuse permission on grounds that the conversion would defeat the provisions of law in force or is likely to cause public nuisance or is not in the interest of the general public or that the owner is not able to or unwilling to comply with the conditions imposed.

The Deputy Commissioner may impose such conditions as may be necessary to secure health, safety and convenience and restrict the dimensions, arrangements and ensure that accessibility to building sites are adequate for the health and convenience of the occupants, and that it is suitable to the location and do not contravene the provisions of any law relating to the Town and Country Planning or erection of buildings.

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

Yes, you can buy agricultural land if you buy the sme solely for the purpose of earning livelihood for you and your family , more so, when you do not have any other good source of income.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

You can purchase agricultural land with prior permission of deputy commissioner under section 80 of Karnataka land reforms act

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

The Karnataka Land Reforms Act now does not allow non-agriculturists whose income is more than Rs 2 lakh per annum to buy farm land. Any person who does not own agricultural land in Karnataka is a non-agriculturist.

The Legislative Assembly of Karnataka passed the Karnataka Land Reforms (Amendment) Bill, 2015, to increase the income limit for non-agricultural sources to purchase farmland from Rs. 2 lakh to Rs. 25 lakh.

The Bill empowers deputy commissioners of districts, instead of assistant commissioners, to grant permission for non-agriculturists to purchase agricultural land under Section 80 of the Act.

Thus you may be able to purchase the same.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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