Industries will lose farm land if they keep it idle for 7 yrs

The Legislative Assembly has given its consent to amend a land reforms law that will allow the government to take over agriculture land sanctioned to institutions or industries that fail to utilise it even after seven years from the day it was purchased for non-agriculture purpose.

Piloting the Karnataka Land Reforms and Certain Other Law (Amendment) Bill, 2014, on Friday, Revenue Minister V Srinivas Prasad said that the confiscated land would go to the government’s land bank and no compensation would be given.

Till now, there was no need to surrender the land to the government if it is not utilised for the purpose it was purchased.

As per the amendment, the government can take back land from industrialists, educational institutions and real estate developers if they fail to utilise it within the stipulated period of seven years.

If anyone fails to surrender such land to the government’s land bank, the exemption will stand cancelled and the same could be forfeited by the government without paying any compensation.

The bill states, “It is considered necessary to amend Section 109 of the Karnataka Land Reforms Act, 1961, (Karnataka Act 10 of the 1962) and Section 95 of the Karnataka Land Revenue Act, 1964, (Karnataka Act 12 of 1964) to provide that once permission under Section 109 is taken, permission under Section 95 of the Act is (also) deemed to have been taken as the procedure under the two enactments is similar.”

To seek change in the use of land, applications should be submitted to the government. The High Power Committee headed by the chief secretary would process it based on the merit of the case. In such cases the time limit would be 10 years.

The amended act, according to the minister, would save land purchasers from approaching various departments to get conversion of agricultural land for non-agriculture purpose.

Many a time, land purchasers are forced to change the purpose for which they have bought agricultural land. This could be due to financial losses or rapid changes in technology.

Permission for diverting agriculture land for non-agriculture purpose would be granted when permission for purchase of land is given under Section 95 of the Karnataka Land Reforms Act, 1961, provided that the prescribed fees are paid, the bill stated.

The bill stated that deputy commissioners of all districts, except Bangalore Urban and Rural, would be vested with power to exempt any extent of land from the provisions of Sections 63, 79 (A), 79 (B) or 80 for any specific purpose.

In case of Bangalore Urban and Rural, however, the exemption should not exceed half hectare of land.

While Leader of Opposition Jagadish Shettar welcomed the bill, his party colleague Basavaraj Bommai said there were several instances of agriculture land purchased being used for real estate. Zone-wise reasonable restrictions should be imposed to check diversion of land, he demanded.

Bommai also said that the bill, in a way, would reverse the Karnataka Reforms Act, 1961, brought about by the Congress party.

“The land you take back will not go back to farmers but to other industrialists. The government must handle the issue carefully or else it will sound the death knell for land reforms.”

BJP member R Jagadeesh Kumar contended the government was not assessing the extent of land required by each industry while giving permission.

“If a company in Japan sets up an industry on 50 acres of land, here it purchases 50,000 acres. Why doesn’t the government conduct land auditing?”

Minister of State for Agriculture Krishna Byre Gowda countered him, saying land audit was being conducted before giving permissions.

Prasad said that only minor changes had been effected to attract investments. The bill was finally passed by the House.