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Penal provisions under s109 and 95 of karnataka Land revenue act


22-Feb-2023 (In Civil Law)
what are the penalty provisions for starting production in a company without getting conversion certificates under section 109 of Karnataka Land reform Act and Sec 95 of Karnataka Land revenue act. Any cases/instances of demolition of industrial structure in case production has been started without getting permission?
Answers (3)

Answer #1
868 votes
As per section 109 of land record act
Where any condition or restriction specified in the notification under sub-section (1), has been contravened, the State Government or as the case may be, the Deputy Commissioner may] after holding an enquiry as it or he deems fit Where any condition or restriction specified in the notification under sub-section (1), has been contravened, the6[State Government or as the case may be, the Deputy Commissioner may] after holding an enquiry as6[it or he deems fit], cancel the exemption granted under that sub-section and the land in respect of which such cancellation has been made, shall, as penalty be forfeited to and vest in the State Government free from all encumbrances. No amount is payable therefor'.], cancel the exemption granted under that sub-section and the land in respect of which such cancellation has been made, shall, as penalty be forfeited to and vest in the State Government free from all encumbrances. No amount is payable therefor.
Answer #2
903 votes
If any land assessed or held for the purpose of agriculture used for any other purpose without the permission of the
Deputy Commissioner then a penalty is imposed.

the Deputy Commissioner may summarily evict the occupant and the person responsible for the diversion from the land so
diverted
The Deputy Commissioner may serve a notice on the person responsible for such contravention directing him, within
a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition; and such notice may require such person to remove any structure, to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied. Subject to the orders
The Deputy Commissioner may also impose on such person a penalty not exceeding one thousand rupees for such
contravention and a further penalty not exceeding twenty-five rupees for each day during which such contravention continues.
Answer #3
600 votes
It is mandatory to obtain conversion certificates under section 109 of Karnataka Land Reforms Act and section 95 of the karnataka Land Revenue Act , but due to urgency, if constructed industrial structures and production started, in such cases the authorities issue Notice and thereupon depending upon the situation and circumstances they may penalise and the matter land up in court and finally they may regularise after the out come of the courts.

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