• Pot kharaba land under kul kayda

Around 15 Acer of land in Maharashtra purchased by one person under section 32m of kulkaydya and purchase certificate issued by court to him 
Out of 15 acers 2.5 Acer is pot kharaba land 
I want legal advice wether potkharaba land comes under kulkaydya act in Maharashtra
And what procedure to get back such land
Asked 5 years ago in Property Law
Religion: Hindu

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7 Answers


  1. Classes of unarable land for cultivation regulation and prohibition of such land for cultivation.- (1) Land included unarable (pot kharab) in a survey number for purpose of agriculture only is of two kinds-

(a) that which is classed as unfit for agriculture at the time of survey including the farm or buildings or threshing floors of the holder;

(b) that which is not assessed because it is reserved or assigned for public purposes or because it is occupied by a road or recognised footpath, or by a tank or stream used by persons other than the holder for irrigation or for drinking or domestic purposes, or used for a burial or burning ground by any community or by the public, or because it is assigned for village potteries.

(2) Land falling in class (a) may be brought under cultivation at any time by the holder, and no additional assessment shall be charged therefor.

(3) The cultivation of land falling in clause (b) is hereby prohibited under Section 43:

Provided that, this prohibition shall not apply in the case of land occupied by a tank or stream, when such tank or stream is used for irrigation only, and waters only and which is in the sole occupation of the holder, or when the privilege of cultivating the dry bed of the tank or stream has been specially conceded to the holder.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes, it is.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Pot kharaba land is the part and parcel of the agriculture land. For example in house we have store room. 

 

So according to land size the pot kharaba is there and it's do come under kulkayda. 

 

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir/Madam,

You are suggested to approach the concerned authorities i.e. revenue authorities for getting that land back. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

During the process of classification, land included as arable (i.e. unfit for cultivation) is to be treated as “Pot Kharab”

POTKHARABA – LAGVADI YOGAYA NASLELE  Area unfit for cultivation – Area of land unfit for cultivation is mentioned in this column in two categories.


  • VARG (A) – Category (a) – under this category consists of that land area which is uncultivable due to rocky area, land under Nala and farm building.

  • VARG (B) – Category (b) – under this category consists of that land area which is uncultivable due to land reserved for public purposes i.e. Road, Recognized Foot path and public place for drinking water etc.

.On the basis of above information you can make an inquiry with the land revenue department about all such doubts.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Declaration suit is to be filed for declaring the ownership 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes pot kharaba land comes under kulkayda property and you cannot claim that land.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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