(1) Subject to any law for the time being in force regarding erection of buildings or construction of wells or tanks, an occupant of land assessed or held for the purpose of agriculture is entitled by himself, his servants, tenants, agents, or other legal representatives, to erect farm buildings, construct wells or tanks, or make any other improvements thereon for the better cultivation of the land or its more convenient use for the purpose aforesaid.
[Provided that the farm Building or farm House so erected shall not be more than ten percent of his holding subject to maximum of such extent of land as may be prescribed.
Explanation.- For the purpose of this sub-section ―Farm Buildings‖ or "Farm house" means a house attached to a farm and constructed in a portion of an agricultural land, used for the residence of the agriculturist or used for the purpose of keeping agricultural equipments and tethering cattle. The house shall be used by farmer for his own use and it shall not be let out for commercial activities to any individual or agency.]12 [(2) If any occupant of a land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose, he shall submit an affidavit along with an application to the Deputy Commissioner in the manner as may be prescribed and if the diversion is sought,- [(i) The permission of the Deputy Commissioner shall not be required for diversion of lands for non-agricultural purposes, if such lands assessed or held for the purpose of agriculture, is as per the land use as specified in the Master Plan duly published, for the concerned land under the provisions of the Karnataka Town and Country Planning Act, 1961(Karnataka Act 11 of 1963):
Provided that, the prescribed fee under sub-section (7) shall be paid to the concerned Town Planning Authority at the time of obtaining requisite permissions from the Authority along with self declaration as may be prescribed.
[Provided further that, no diversion of land for non-agricultural purpose shall be required, if agricultural land upto 2.00 acres is used for establishing new industries, if such lands assessed or held for the purpose of agriculture, is as per the land use as specified in the Master Plan duly published, for the concerned land under the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) with approval of the State Government.]17
(ii) If any occupant of a land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose and if such lands are falling outside the Local Planning Area for which the Master Plan has not been published, the applicant shall submit an affidavit along with an application to the Deputy Commissioner in such manner as may be prescribed.
The concerned authorities shall furnish their opinion within fifteen days from the date of receipt of the application. The Deputy Commissioner shall issue the approval for diversion for use as per the application, subject to the opinion furnished by the concerned authorities and subject to payment of the fee as prescribed under sub-section (7):
Provided that, if opinion is not furnished within the said period of fifteen days, it shall be deemed that the concerned authorities have no objection to the said diversion of land for use as per the application.
Provided further that, in case the Deputy Commissioner fails to give his decision and issues the order under this sub-section within thirty days from the date of receipt of the application, the approval of the diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall be certified and issued in such manner as may be prescribed subject to payment of fee as prescribed under sub-section (7).]16 [Provided also that, no diversion of land for non-agricultural purpose shall be required, if agricultural land upto 2.00 acres is used for establishing new industries.]18
(iii) If any diversion is obtained with a false or wrong declaration or affidavit under this section, in addition to the criminal liabilities, the same shall be null and void upon order in this regard by the Deputy Commissioner. The conversion fee, if remitted, shall stand forfeited to the Government. The land whose diversion for non-agriculture use was obtained by a false affidavit, the Deputy Commissioner may also issue an order for forfeiture of the said land to the Government.
(iv) In case a part of the survey number is sought to be diverted for non-agriculture use then prior pre-conversion sketch, approved by the Survey Settlement and Land Records Department, identifying the metes and bounds for the part sought to be converted, shall be mandatorily filed along with application for diversion:
Provided that, in case the Survey Settlement and Land Records department fails to approve or reject the pre-conversion sketch within fifteen days from the date of receipt of application for the sketch of the applicant, it shall be deemed to be approved as prepared by the applicant and the approval shall be issued in the manner as may be prescribed.
(v) In case the applicant in his declaration or affidavit stated that the land sought to be diverted to non-agriculture use is a granted land then the Deputy Commissioner shall reject the application if the diversion contravenes any provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 or the Karnataka Land Grants Rules, 1969 or any other terms and conditions of the grants issued by the Government from time to time.
(vi) No order of diversion under this section shall by itself lead to increase in the guidance value of the diverted land as notified by the Department of Stamp and Registration unless the land is put to actual non-agricultural use as under provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963):
Provided that, in Dakshina Kannada District, subject to any law for the time being in force regarding erection of buildings or the construction of wells or tanks, an occupant of dry (punja) land, wet land or garden land who is not,-
(a) a person registered or liable to be registered as an occupant of such land under section 48A of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962); or
(b) a grantee of such land under section 77 of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962), may without obtaining the permission required under this sub-section and notwithstanding anything contained therein, divert such land or part thereof to any other purpose after sending a prior notice to the Tahasildar in such form as may be prescribed and subject to payment of fee prescribed under sub-section (7).]14 [(2A) Where any occupant of land assessed or held for the purpose of agriculture has diverted such land or part thereof to residential purpose without obtaining the permission of Deputy Commissioner under sub-section (2), prior to 31st day of December 2008 and desirous to get such diversion be regularised, shall, apply 8[within the period of one year from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 2011]8 in such form, alongwith such fee and penalty, as may be prescribed, to the Deputy Commissioner. On receipt of such application, the Deputy Commissioner may, notwithstanding anything contained in this Act, but subject to the provisions of any other law for the time being in force and subject to such conditions and in such manner as may be prescribed, on production of such evidence as he may require it to be necessary and after an enquiry, regularise or refuse to regularize except where such land,-
(i) lies in the line of natural drains or course of valley;
(ii) belongs to the State Government or an authority owned or controlled by the State Government or any local Authority;
(iii) coming in the way of existing or proposed roads, inner or outer ring roads, national high ways, by pass over ring roads including those proposed for widening and railway lines, tram ways, mass rapid transit system projects, communications and other civic facilities or public utilities;
(iv) is a forest land;
(v) belonging to another person over which the applicant has no title;
(vi) is reserved for parks, play grounds, open places or for providing any civic amenities;
(vii) or building is abutting to neighbouring property, storm water drains, tank bed areas, river course or beds and canals or below the high tension electric line;
(viii) use is against height restrictions specified in zoning regulations for heritage monuments, aerodrums and Defense Regulations;
(ix) not conforms to any clearance from high-tension lines or fire protection measures;
(x) is in the area covered by the Coastal Zone Regulations of the Ministry Environment and Forest, Government of India;
(xi) regularisation of violation in respect of change of land use shall be made as far as may be in accordance with section 14A of the Karnataka Town and Country Planning Act, 1961;
(xii) or development in respect of any building having more than two floors shall be regularised unless,-
(a) a certificate from a Structural Engineer is produced regarding the structural stability of such building;
(b) a No Objection Certificate is obtained from the Fire Force Department.
(xiii) or unauthorised development or construction made in agricultural zone of approved Master Plan or green belt area declared under Karnataka Land Revenue Act, 1964; and
(xiv) is covered under any other prohibition as may be prescribed:
(2AA) Burden of proving that the diversion or change of land use was made for residential purpose prior to 31st day of December 2008 shall lie on the applicant who seeks regularisation of such unauthorised diversion or change of land use. (2AAA) All such diversions or change of land use which are not regularised or where applicant does not apply within the time specified in sub-section (2A) shall be liable to be demolished or brought back to their earlier use and expenses incurred thereon shall be collected from such person as arrears of land revenue.]7 [(3) XXX]15 [(3A) xxx]6 [(3B) xxx]6 [(4) XXX]15 [(5) XXX]15 [(6) XXX]15 [(6a) In Dakshina Kannada District, Kodagu District, and Kollegal Taluk of Mysore District where any land assessed or held for purposes of agriculture has been diverted or used for any other purposes, before the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1981, the land so used together with the land appurtenant to any building (other than a farm house) therein, not exceeding three times the built area of such building, shall with effect from such date be deemed to have been permitted to be used for purposes other than agriculture.]1 14 5 3 2 [ [ [ [(7) When any land assessed or held for the purpose of agriculture is permitted or is deemed to have been permitted under this section, to be used for any purpose other than agriculture, the Deputy Commissioner may, subject to such rules as may be made by the State Government in this behalf, require the payment of a fee as notified from time to time. No assessment shall be leviable on such land thereafter except under sub-section (2) of section 83]2]3]5]14 [(8) The permission for diversion of agricultural land for industrial development, educational institutions, Places of worship a Housing Project approved by the State Government, or for purpose of Horticulture under this section shall be deemed to have been granted when permission for purchase of agricultural land is accorded under section 109 of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) for industrial development, educational institutions, Places of worship, a Housing Project approved by the State Government, or for purpose of Horticulture as the case may be subject to the payment of 1[fine]10 as may be prescribed.]9
Explanation.—For the purpose of this section, ―occupant‖ includes a mulgeni tenant or a permanent tenant.]2
[(9) whenever any occupant of land assessed or held for purpose of agriculture wishes to divert such land or any part thereof for the purpose of quarrying of minor minerals, whether specified or non specified in accordance with the rules governing quarrying of minor minerals or stone crushing activity under the Karnataka regulation of stone crushers Act, 2011 (Karnataka Act 8 of 2012), shall make an application along with the fine applicable to the Deputy Commissioner for diversion of such land. On such application, the permission for diversion of such land shall be deemed to have been granted subject to obtaining lease or licence or working permission under the said enactments.]11 12 19 [ [(10) The conversion of land for non-agricultural purpose as required under sub-section
(2) is exempted for the land parcels required for establishing Renewable Energy Projects in the state subject to payment of the prescribed fees to the concerned Authorities under sub- section (7).]19]12
14. Substituted by ct 02 of 2023 w.e.f………….