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A QUERY ON KHARAB LAND- WASTE LAND- REVENUE EXEMPTED LAND


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 .

regards


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.



4 comments:

M Niazuddin Khan said...

Pot Kharab land whether "A" or "B" belongs to the occupant of the Survey Number.It is a gross misinterpretation to interpret that Pot Kharab "B" belongs to the Government.The guidelines issued in 1890 by the then Superintendent of Mysore Survey and Settlement, Col.Grant,makes it amply clear that Pot Kharab,irrespective of the fact, whether it is classified as "A" or "B", belongs to the occupant.The only issue is , as long as Pot Kharab "B" in under public use in a predominantly rural scenario,it cannot be
exclusively used or cultivated by the occupant of the land.When Pot Kharab "B" ceases to be under public use,it is well within the powers of the Collector/Deputy Commissioner to cancel it from the Survey Sketch,Village Map and such other Land Revenue Records.The Pot Kharab "B" not under use cannot be resurrected on the ground due to late complaints emnating from rivalry and village politics.It is unfortunate that neither the concerned Advocate nor the Judge have done their homework inthe quoted judicial verdict.Lastly,it is preposterous that the occupant of the land has been asked to pay lakhs of rupees for Pot Kharab "A" land ,which is really his.I would be happy to furnish further information,if an email is sent to me.Regards.M.Niazuddin Khan,K.A.S.(Retd.)email:irshad13@hotmail.com

Akula H said...

Thank you so much for your effort in making law understandable to common man. This information is very helpful to me.

Akula H said...

Thank you so much for your effort in making law understandable to common man. This information is very helpful to me.

Rekhasree Reddy said...

Sir kharab -b (10guntas)l of land is adjacent to patta land of an acre at the entrance. out of this 10 guntas 5 guntas used as burial ground and balance 5 guntas in my hand . Now when I go for conversion of patta land I am being denied conversion of patta land on the grounds of no approach to the property . Pl do the needful

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