PDS (IT) 07 July 2023

Can gram and taluk panchayat approve residential layout plan for dc converted land in karnataka

I am currently considering purchasing plots in a newly developed residential project located within my village. However, I have learned that the layout plan for this project has been approved by the Gram and Taluk Panchayat.

I did check the online RTC of NA land, I discovered that the property has a total land measurement of 35 Guntas, including 10 Guntas classified as A Kharab. However, the DC conversion order explicitly states that only 25 Guntas have been approved for non-agricultural purposes.

In light of this, the developer has informed me that the 10 Guntas of A Kharab land are being utilized for the construction of roads and parks within the project.

In light of this, I have several questions and concerns, and I would greatly appreciate your expert insights on the matter.

1) Does Gram and Taluk Panchayat have the legal authority to approve residential layout plans for DC-converted land in Karnataka?
2) Given that the DC conversion order has approved only 25 Guntas for non-agricultural purposes, what are the implications for the remaining 10 Guntas classified as A Kharab?

3) Can the A Kharab land be utilized or converted for any specific purposes?
4) Is it legally permissible to utilize A Kharab land for the development of roads and parks within a residential project?

Thank you very much for your time and consideration. I eagerly look forward to receiving your expert advice on this matter.

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7 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 07 July 2023

1. If the property is situated in Gram Panchayat it is valid if the plan is signed by the EO of the panchayat. Otherwise, not valid. 2.,3., and 4. The Kharab land cannot be used or sold for any purpose without the permission of the District Collector.

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T. Kalaiselvan, Advocate (Advocate) 08 July 2023

1. The taluk and gram panchayats have been empowered by the State government to approve layout plans of the properties in village limits. They can approve plans/residential properties proposed to be constructed/formed in less than 1acre of land in village limits.However, the panchayats will have to obtain technical clearance from DTP for approving a plan. This has been done to ensure to prevent haphazard planning.
2. The LPAs such as Bangalore Metropolitan Region Development Area (BMRDA) and Bangalore International Airport Area Planning Authority (BIAAPA) continue to be the approving authorities at villages coming under their respective jurisdiction.
3. According to the Karnataka Land Revenue Act, 1964, any piece of open land which cannot be used for farming or cultivation when the land survey was conducted is classified as Kharab land Karnataka. Government has ownership and authority over such lands and can use Kharab land for public purposes.

4. The above answer suits this question too.

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PDS (IT) 08 July 2023

Thank You.

Yes the plan is signed by the EO of Panchyat