All you want to know about Kharab Land in Karnataka

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The Karnataka government in September 2020, cleared a proposal with respect to amendments in the Karnataka Land Revenue Act, 1964. The purpose behind the move was to enable the government to regularise the blocked ‘B’ Kharab Land in and around Bangalore by selling them at double the guidance value. 99acres elaborates on the concept of Kharab Land in Karnataka.

Kharab land is a term that is often heard in property-related transactions in Karnataka. However, not many of us are familiar with the concept. To apprise, phut, or pot kharab is a technical jargon, commonly used during the process of classification of land. The term has been defined under the Karnataka Land Revenue Rules, 1966. Here is a download of what Kharab Land in Karnataka comprises, and how the provision by the government will impact the guidance value of the State.

What is Kharab Land?

As per Rule 21 (2) of the Karnataka Land Revenue Rules, the land which is unfit for cultivation is known as Kharab or Pot Kharab land. Such land is not included along with cultivable land in the sale deed and other records. It belongs to the government, which has the powers to take over the land for a public cause.

What is the classification of Kharab Land?

Kharab Land is classified into-

  • A Kharab and
  • B Kharab

What is ‘A’ Kharab Land?

‘A’ Kharab Land is considered unfit for agriculture at the time of conducting surveys. This includes the farm buildings and threshing floors of the holder. The ‘A’ Kharab area may/may not form a part of the land held under private ownership. However, it can be regularised and is capable of conversion. The regularisation is done at the time of conversion of land for non-agricultural purposes.

In certain instances, the ‘A’ category may be exempted from land revenue assessment. The area usually forms a part of the survey number, which is owned by a party.

What is ‘B’ Kharab Land?

The term ‘B’ Kharab Land refers to non-cultivable land belonging to the State, which cannot be converted by private parties. The ‘B’ Kharab Land is not assessed, as it is-

  • Reserved for public purposes
  • Used as a burial/cremation ground
  • Assigned to village potteries

While ‘B’ Kharab Land can be put to public use, in several cases, it is stuck between private properties, thereby making them landlocked. Consequently, several new industrial units, including the ones in the remote districts, have not been able to start their work due to the issues pertaining to ‘B’ Kharab Land.

How is Kharab Land sold in Karnataka?

With the intent to regularise such landlocked parcels, the State government decided to amend certain provisions of the Karnataka Land Revenue Act in August 2020. As per the suggestions, there are plans to sell the government-owned ‘B’ Kharab Land in rural areas, which are sandwiched between other plots of land. Such a provision, however, already exists for land parcels in urban areas. The decision taken by the cabinet is likely to benefit several industrial and real estate housing projects where ‘B’ Kharab land parcels hamper the construction of projects and hinder upcoming developments.

As apprised by Vishal Parwani, Owner, SSB Properties, Bangalore, “The developers, while aggregating large land parcels, utilise Kharab Land parcels in a manner so that a change in the laws does not hinder the progress of the project. They either dedicate the portion to efficient waste segregation/waste management or design that space in the form of a man-made pond, garden, or a lawn area. At times, Kharab Land can also be used for the development of a biodiversity park, playground, water body, rock climbing area, and a jogging track, among other projects. The land is generally used with minimum expenditure and maximum utilisation. However, it is important to note that construction on Kharab Land has a transferable title attached to it. Therefore, it may come up as a hindrance to the buyers. Hence, special care is taken while dealing with such land parcels.”

How to purchase Kharab Land?

As per the amendments in the Karnataka Land Revenue Act, 1964, the State intends to sell the ‘B’ Kharab Land at double the guidance value prevalent in the given area. People who wish to purchase such land parcels can approach the office of the local District Collector and submit an application with respect to the same.

At times, while the Kharab Land may not provide cost benefits to the government, it may turn out to be beneficial for the realtors as the majority of the land can be used for the construction of residential and commercial complexes. However, it is recommended to get the details of the land duly checked before going ahead with an investment.

source : 99acres

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