• Record for plantation

We have a property in which we have planted coffee and arecanut trees from past 25 years. we have record for only 4 acres of land and we cant sell this land for 15 years. last year we completed 15 years for this 4 acres.  but we have planted in another 15 acres for which we have paid fine for the government some 10 years back. my dad expired 5 years back. i recently heard from one of my friends that it is possible to give application for rest of the land as well. please help me how to proceed to make the document.
Asked 1 year ago in Property Law from Chikkamagalur, Karnataka
Religion: Hindu
5. Under Section 69 of the Act, the lands belonging to the Government can be disposed of for the purposes of agriculture, industry or any public utility. Section 94A of the Act empowers the Committees constituted thereunder to regularise the unauthorised occupation of lands. Section 94B of the KLR Act commences with non-abstante clause Notwithstanding anything contained in this Act" and states that if the Deputy Commissioner or other officer authorised by the State Government is satisfied, can make recommendations to the Committee for the regularisation of unauthorised occupation of forest lands. Section 94A(4) of the Act gives right to an unauthorised occupant to make on application for regularising his occupation of the Government Land reserved for any of the purposes under Section 71 of the KLR Act r/w Rule 97 of the Rules.

2) Rule 108-C of the Rules provides for filing application for regularisation of unauthorised occupation of land by the unauthorised occupants and it reads as under:
108C. Application for Grant of Land: (1) Any person who is in unauthorised occupation of any land may make an application in writing to the Tahsildar of the Taluk in Form 50 along with a fee of Rupees Two payable by affixing a Court Fee Stamp.
Sub-Rule (2) reads as under:
(2) Immediately on receipt of application under Sub-rule (1), the Tahsildar shall cause the particulars of the application to be entered in a register which shall be in Form 51 kept in his office. He shall, thereafter; place the application before the Committee (or the Additional Committee) after such serutitty as may be necessary.
Page 0343 Thereafter, Rule 108-CC prescribes the procedure to be followed by the Tahsildar.
11. Rule 108-D stipulates the procedure to be followed by the Committee constituted under Section 94A of the Act for the purpose of grant of land by way of regularisation of the unauthorised occupants of Government Land.
12. Rule 108-F prescribes the eligibility. Rule 108-I is very peculiar and in order to understand it better, the same is extracted hereunder:
108-I. Certain lands not to be granted: Notwithstanding anything contained in this chapter, lands assigned for special purposes under Section 71 of the Act, and lands described in revenue records, as Devarakadu. urduve. Gunduthop Tankbed, Phut Kareb Kharab halla, datereserve, burial grounds and such lands, which in the opinion of the Government is required for public purpose, shall not be granted:
(Provided that the provisions of this rule shall not apply to lands set-apart for free pasturage under Section 71 of Karnataka Land Revenue Act which will be governed by Rule 97).
Ajay Sethi
Advocate, Mumbai
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2572 Consultations

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This involves rules and regulation which is typical to your area/state only.
Hence only someone from you area is expected to be aware of this process as such rules and regulation differs in every state.
Devajyoti Barman
Advocate, Kolkata
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160 Consultations

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