Experts and All please advice.
We have an ancestral Property, which is an agriculture land and is irrigated. The canal (water) goes right throw our land. Since 15-20 years it has not been cultivated. This property is not under any litigation but left idle.
The reason for this is my uncles in the village did not allow us to come and cultivate as they wanted us to give it to lease for them or sell it to them. They threatened by dad and hence we left it uncultivated for these many years.
Its on my dads name and all documents are clear. He is also getting PHANI from the taluka thasil office.
We are ready to sell or lease but my uncles threaten any potential buyers or to any lease who comes forward. This is a pure act of gundasim. They have few criminal cases against them. Now my uncles are saying that they will complaint to Thasil (AC/DC office) that this land is not cultivated and hence the land belongs to the state Government (Karnataka State).
My questions here is,
1. How long can this land be left uncultivated?
2. Can government take this land?
3. Are there any options or provision like AC (Assistant Commissioner Revenue/Land) take this peace of land under his/her authority and lease the land on behalf of us. I am not sure but need guidance on the below sections 84 to section 88
karnataka land reform act 1961:
CHAPTER VI
PROVISIONS FOR CULTIVATION OF UNCULTIVATED LANDS
84. Uncultivated land may be required to be cultivated.
—Where the
Assistant Commissioner having jurisdiction over any area in which any land
is situated is satisfied that any land within such area has remained
uncultivated for a period of not less than two consecutive years without
1962: KAR. ACT 10]Land Reforms103
sufficient cause, he may by notice served upon the land-owner and any
other person entitled to be or in possession of the land require such persons
to cultivate the land within one year from the date of service of such notice.
85. Power of Assistant Commissioner to lease out uncultivated
land.
—If the land is not cultivated within one year from the date of service of
the notice under section 84, the Assistant Commissioner may, after making
such inquiry as may be prescribed, lease out the whole or part of such
uncultivated land to any suitable lessee for a period not exceeding five years
on the condition that the lessee shall pay such reasonable rent as the
Assistant Commissioner may fix or on such other terms as can be secured.
86. Cancellation of the lease.
—Where the person to whom a lease has
been granted under section 85, does any act referred to in sub-section (1) of
section 22, the Assistant Commissioner may cancel the lease and grant a
fresh lease to any other person on such terms and conditions as he thinks fit
and the person whose lease is cancelled under this section shall forfeit all
rights under his lease and shall also be liable to pay such sum by way of
damages as may be determined by the Assistant Commissioner in each
case. The sum so determined as damages shall be recoverable as arrears
of land revenue.
87. Execution of lease, liability of land-owners, etc.
—(1) Every lease
granted under this Chapter shall be executed by the Assistant
Commissioner on behalf of the land-owner or other person entitled to be in
possession of the land, and the lessee shall be liable to pay the rent
specified in the lease to the person on whose behalf the lease was executed
at the time and in the manner provided for in the lease.
(2) The land-owner or other person on whose behalf the land is leased
out by the Assistant Commissioner shall, in respect of the services rendered
by the State Government under this Chapter, be liable to pay to the State
Government a sum equal to four times the land revenue payable on the
land, and the said sum shall be recoverable as an arrear of land revenue.
(3) Subject to the provisions of sections 8 and 86, every lease executed
by the Assistant Commissioner under this Chapter shall be valid and take
effect according to its terms.
88. Delivery of possession after the period of lease.
—After the expiry
of the period of the lease granted under this Chapter, the Assistant
Commissioner shall take over possession of the land and deliver possession
thereof to the person entitled to such possession.
Please help and guidance is required
Any guidance is much appreciated.
