Things To Know About Land Conversion Procedure In Karnataka  

Shiva Kumar has inherited his share of an agricultural land in Bidar, a city located in north Karnataka. Since he wishes to build a home on the piece of land, he approached a lawyer to guide him on the land use conversion process or DC Conversion wherein the Deputy Commissioner authorizes the use of land for non-agricultural purposes.

For owners of agricultural plots, who wish to use the land for residential purposes, there are certain procedures that need to be adhered to and an approval from the competent Revenue authority must be sought for the ‘change of land use’.

In a move that would benefit such landowners, the Karnataka government has launched an online process with simplifies procedures for land conversion. The new procedure will not only expedite the process by reducing delays and paperwork but also help check corruption.

In 2015, the government amended Section 95 of the Karnataka Land Revenue Act of 1964, which states that a farmhouse constructed for the residence of the agriculturist or for keeping agricultural equipment, shall be used by a farmer for his own use and it shall not be let out for commercial activities to any individual or agency. The new rule adds that the farmhouse shall not be more than ten per cent of his holding subject to a maximum of such extent of land as may be prescribed. The government has launched a new software to enable deemed conversion. If the proposed land conversion complies with the Master Plan published under the Karnataka town and country planning Act of 1961, such cases would be deemed converted.

Your guide to land conversion

The legislation concerning the change of land use often varies from state to state. Change of land use could be either for conversion of agricultural land to non-agricultural land or vice versa. However, the foremost step for land conversion involves seeking the approval from the competent revenue authority which is the Collector, Sub-divisional Officer (SDO) or Tehsildar.

Step 1: Seeking approval from competent authority

Send an application in the prescribed format with the following details and documents:

• Certified copies of land records specifying the title and ownership
• Certified copies of the land map (from Tehsil/Taluk Office)
• Certified measurement plan of Land Survey (from District Inspector of Land records)
• Copies of layout, site plan and building plan which should be duly signed by an architect
• Appointment letter of Architect and Registration Certificate of Architect
• NOCs from authorities (as applicable - Grama Panchayat/ Municipal Corporation/Highway authority/ Pollution Control Board (for industrial)
• Certificate from Patwari/ Talati that land in question is not under acquisition by government
• Record of Rights and Tenancy Certificate (RTC)
• Mutation letter
• Original sale deed
• Latest paid tax receipt

Online process: Under the online system, the applicant must submit a request with land details as well as information like the survey number and an affidavit. For partial conversion or if the RTC has multiple owners or in case of Pyki RTCs, the applicant must submit an 11E sketch.

Applicants can visit the official website: www(dot)bhoomi(dot)karnataka(dot)gov(dot)in

Step 2: Due Diligence by competent authority

On receiving the application, the competent authority will verify the details from the Tehsil office to confirm ownership, land area, encumbrances if any, etc. A circle officer then conducts a site visit to see if it is a vacant land with no existing structures, high tension electrical lines or disputes. Verification from Land Acquisition Department, PCB, other authorities are also done.

Online process: The software will forward the application to the concerned Urban Development Authority (UDA) and the officials will verify the details while also confirming if the request is in deference to the master plan of the area.

Step 3: Consultation with planning and development authority

If your land falls within municipal limits, then the Sub Divisional Officer (SDO) or collector undertakes a consultation with the Planning and Development Authority to check Master plan within Development Control Regulations as well as compliance with building bye-laws, or other objections. Objections, if any, are submitted in writing to the Collector/SDO. 

Step 4: Grant Of Approval

If prescribed conditions are adhered to, Change of Land Use (CLU) approval is granted provided the applicant has paid the applicable CLU charges, abides by all conditions imposed by the authorities and does not use the land for any other purpose. The applicant should commence the non-agricultural use, usually involving levelling of land or demarcation, within one year from the date of order.

The applicant should also apprise the concerned Tehsildar about the Change of Land Use within 30 days so that the official can make changes in the land records.

Online process: After the details are verified, the officials will ask the applicant to pay an online fee and fine, if any. The authorised deputy commissioner will digitally sign the conversion order which could be downloaded and printed by the user.