Dear Sir,

It requires to be examined minutely.I am unofficial legal adviser for both Asst. Commissioners of Bangalore. You may prefer appeal against the orders of Tahasildar. You may claim adverse possession over 20guntazsof land. You may file a suit for declaration in respect of 20 guntas which is your possession for more than 30 years. The relevant law is as follows: You may also approach High Court...judgment is given below.

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Kharab Land and its treatment in Karnataka- Conversion into regular land

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Kharab land is a term that often pops up in various property related documents. “Phut” or “pot” Kharab is a technical term for a particular classification of land. After coming into force of the Karnataka Land Revenue Act 1964 the word pot Kharab has been defined under Rule 21 (2) of the Karnataka Land Revenue Rules, 1966 as under:

During the process of classification land included as unarable shall be treated as “Pot Kharab”. Pot Kharab lands may be classified as follows:-

• That which is classified as unfit for agriculture at the time of survey including the farm buildings or threshing floors of the holder; which is A Kharab.

• That which is not assessed because, (i) it is reserved or assigned for public purpose; (ii) it is occupied by a road or recognized footpath or by a tank or stream used by persons other than the holders for irrigation, drinking or domestic purposes; (iii) used as burial ground or cremation ground; (iv) assigned for village potteries; which is B Kharab.

The ‘A’ Kharab area normally forms part of the Survey number which is owned by a party as the Kharab area which was part of it, could not be used for agricultural purposes. Therefore sometimes, it is exempted from the assessment. The title with respect to the ‘A’ Kharab area normally goes with the title of the owner of land in which the said ‘A’ Kharab area is located.

In a case reported in ILR 1973 Mysore 56 Rusool Khan vs. State of Mysore in para 6 of the Judgment, the court observes “Kharab land is so called because it is not cultivable and is a classification made for the purpose of revenue exemption. Kharab land is also capable of ownership and cannot be regarded as an adjunct to cultivate land which gets transferred along with cultivable land. Acquisition of title to the Kharab land is similar to acquisition of title to the cultivable land”.

The land which is categorized as ‘A’ Kharab land can be regularized and can be converted. The regularizing and collection of penalty is usually done at the time of conversion of the land for non-agricultural purposes. As noted in the judgment cited, title to that ex-kharab area also will have to be transferred along with the former cultivable area. The title to the former kharab area would not go automatically with the transfer of title with agricultural area of the land.

In the deed of conveyance, the boundaries of land would include the kharab area located within boundary of the land, which is designated by survey number or a sub survey whose boundaries are fixed by law. So the crucial question is the intention of the party in transfer of property, i.e. whether transfer intended to include newly converted kharab area also.

The kharab land which is categorized as ‘B’ kharab belongs to the Government and the same can neither be converted nor conveyed. Even though the ‘B’ kharab is conveyed it remains as ‘B’ kharab land to be reserved or assigned for public purpose and will not confer any right, title and interest over the said ‘B’ kharab land.

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Karnataka High Court

Smt. Narasamma vs State Of Karnataka on 26 June, 2013

Author: Huluvadi G.Ramesh

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Dated this the 26th day of June, 2013

Before

THE HON'BLE MR JUSTICE HULUVADI G RAMESH

Writ Petition 26059 / 2013 (KLR)

Between

Smt Narasamma, 83 yrs

W/o late Narayanappa

R/o Narayanappa Layout

Allalasandra, GKVK Post

Bangalore 65 Petitioner

(By Sri Sanjeev B L, Adv.)

And

1 State of Karnataka - by its Secretary

Dept. of Revenue, Vidhana Soudha

Bangalore

2 Deputy Commissioner

Bangalore District

K G Road, Bangalore Respondents

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Further, it is her contention, the Government Order dated 8.12.1971 as regards the right of the holder of pot kharab land, makes it clear that 'pot kharab land' is defined under R 21(2)(a) as lands unfit for cultivation at the time of survey, including the farm buildings or thrashing floors of the holder and also pot kharab lands which forms part of a holding and which have not been reserved for government or assigned for any public purpose as defined in per R 21(2)(b) of the Rules, must belong to the owner of the survey number and not to the governmentand there is no question of further disposal of such pot kharab land. Therefore, the application of the petitioner ought to have been considered for conversion of the entire extent of land.

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Hi,

You are suggested to approach DM or other land authority with proper application.

For speedy and effective remedy file writ petition in HC

How to save this trees in this land and making 20gunta put karab land in the name of kalegowda. is it possible to make this karab land in the name of kalegowda. How to save the land which no road and cultivating more than 100 yrs.

Since the property is in possession and enjoyment of Kale gowda which was inherited from his ancestors, he can approach court with a suit for mandatory injunction restraining the village officials and the people who oppose this, and also declaration of title in the absence of title document on ther basis of strong documentary evidences in your possession.

Dear Sir,

My answers are as follows:

1. In adverse possession more than 30 years . Even B karab land of government adjusent to our land which carrying in our RTC as a put karab can be convert and convey is possible pls clarify.

Ans: A and B kharab Lands can be regularized as agricultural lands by the revenue department on your representation along with necessary proof.

2. In our case , pond is mentioned only in village map. In other records no were it is mentioned that The land is reserved for pond.

If it is reserved to pond from which notification or by which record we will get details about reservation of land for the purpose of pond for public use.

Ans: No such separate records will be maintained except depending upon village map, unless some amounts were spent by village Panchayath for development of such pond. You must say that the said pond never used for public purpose and it being used by you for the last hundred years and thus you have perfected your title over such pond.