Dear Sir ,
I came across your website .
I would like your opinion on a piece of land that my friend owns .
He had 10 guntas of land along with 10 guntas of karab 'a' land .
He later got the entire 20 guntas converted for residential purposes by paying
Rs 2 lakhs to the government for the conversion of 10 guntas of karab 'a' land
however in the conversion certificate , it has been mentioned that this karab 'a'
land will always belong to the government .
Later he approached the DC and again applied for correction of this point in the
conversion certificate , now in the new certiicate it mentions that by mistake they
have mentioned this point and it has now been amended that karab 'b' land will always
belong to the government .
He has also got the khatha certificate from BBMP for the entire property .
My question to you is since in his pani certificate his land has been mentioned as 'a' karab ,
will he be able to sell his property .
your kind opinion on this subject will be very much appreciated .
The below quoted extract of Judgement of High court of karnataka will explain you on trhe subject and your 'a' kharab land belongs to the owner of property. Sadashivaiah And Ors. vs State Of Karnataka And Ors. ILR 2003 KAR 5088
Kharab land is so called because it is not cultivable and is classification made for purposes of revenue exemption, Kharab land is also capable of ownership and cannot be regarded as an adjunct to cultivable land which gets transferred along with the cultivable land. Acquisition of title to the kharab land is similar to acquisition of title to the cultivable land. The word "Phut Kharab" and 'pot' kharab mean and have reference to a land which is included in an assessed survey number but which is unflit for cultivation. Every pot kharab land does not belong to government. For the purpose of assessment, the uncultivable portion of the land or phut kharab portion of the land is excluded from consideration on the ground that it is cultivable. But it does not cease to belong to the owner of the survey number.
In volume I of the Mysore Revenue Manual, the word kharab is explained in this way. The expression 'phut kharab' is similar to the expression 'pot kharab'. That is so, is clear from the Mysore Revenue Survey Manual where at page 68 the words 'pot kharab' land is defined thus:
"(13). Pot kharab means a piece of pieces of land classed as unarable and included in a survey number".
The description has no relevance to ownership. The expression put kharab is explained in Gupte's book on the
Bombay Land Revenue Code in the following words at page 278"-
"By the term 'pot kharab' is meant 'barren or uncultivable land included in an assessed survey number' and includes 'any land comprised in a survey number. Which from any reason is held not to be likely to be brought under cultivation..........."
31. The words phut Kharab, therefore, mean and have reference to a land which is included in an assessed survey number but which is unfit for cultivation.
After coming into the force of the Karnataka Land Revenue Act 1964 the word phut Kharab has been defined under Rule 21(2) as under-
"during the process of classification, land included as unarable shall be treated as "Pot Kharab". Pot Kharab land may be classified as follows.
(a) That which is classified as unfit for agriculture at the time of survey including the farm buildings or threshing flours of the holder;
(b) That which is not assessed because, (i) it is reserved or assigned for public purpose; (ii) it is occupied by a road or recognised 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 villager potteries."
32. Therefore, it becomes clear if the land falls within the category of 21(2)(a) it is not a government land, it belongs to the ownership of the petitioners. If it falls under 21(2)(b) then it belongs to the government and the petitioners cannot have a claim over the said land.
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