Amendment status not verified — confirm the current text below against the official source.
Abatement 2 STATEMENT OF OBJECTS AND REASONS I Amending Act 38 of 2014.-The Karnataka Land Grabbing (Prohibition) Bill 2007 with the following Statement of Objects and Reasons was passed by both the houses of the Karnataka State Legislature namely;- “It has come to the notice of the Government that there are organised attempts on the part of certain lawless persons operating individually and in groups to grab either by force, or by deceit or otherwise lands belonging to the Government, a local authority, a religious or charitable institution or endowment, including a wakf. The land grabbers are forming bogus co-operative housing societies or setting up fictitious claims and indulging in large scale and unprecedented and fraudulent sales of land through unscrupulous real estate dealers or otherwise in favour of certain sections of people, resulting in large scale accumulation of the unaccounted wealth. As public order is adversely affected by such unlawful activities of land grabbers in the State, particularly in respect of urban and urbanisable lands, the State Government has felt that it is necessary to curb such unlawful activities immediately by enacting a special law in this regard. Hence, the State Government of Karnataka with a view to prohibit the activities of land grabbing and to provide for matters connected therewith has proposed to bring the Karnataka Land Grabbing (Prohibition) Act into force. Apart from declaring land grabbing as unlawful, the State Government desires to prohibit land grabbing. Therefore, it is proposed to provide for penalty for offences in connection with land grabbing to effectively implement this Act and for the purpose of providing speedy enquiry into an alleged act of land grabbing and trial of cases in respect of the ownership and title to, or lawful possession of the land grabbed by Notification constitute a Special Court. It is felt that the State Government will be able to curb the illegal land grabbing by enforcing the proposed legislation.” Accordingly, the Karnataka BhuKabalike (Nishedha) Vidheyaka, 2007 as passed by both the houses the State Legislature was sent to Government of India to obtain the assent of the President. The Government of India in its letter No.17/20/2007- Judl and PP dated 16/20.8. 2007, on the suggestion made by the Ministry of Corporate Affairs had suggested modification to the Karnataka Bhukabalike (Nisheda) Vidyeyaka 2007. Accordingly clause 6 of the Bill has been modified by incorporating Explanation for the word Company and Director. The Government of India vide letter No. 17/20/2007 – Judl& PP dated:18-06-2010, had suggested modifications to sub-clause (2) of clause 2 of the Bill on the suggestions made by the Ministry of Minority Affairs and also to the sub-clause (2) of clause 1 of the Bill on the suggestion made by the Department of Legal Affairs. Accordingly the State Government vide its letter No. DPAL 22 SHASHANA 2007, dated 7.9.2010 Communicated its acceptance to make the said modification by amending the Bill, by extending the provisions to the lands belonging to the Wakfs, Hindu Religious Institutions and Charitable Endowments and requested the Government of India to obtain the assent of the President to the said Bill and also to obtain previous instructions to the modifications to be issued in the form of an Ordinance. The Government of India vide its letter No. 17/20/2007 – Judl& PP dated:03-03- 2010/2011 has directed the State Government to consider withdrawing the present Bill (LA Bill No.27 of 2007) and submit a modified Bill instead of concurrent promulgation of any amendment Ordinance. Hence the Bill. 3 [L.A. Bill No.43 of 2011, File No. Samvyashae 22 Shasana 2007] [Entry 18 and 64 of List II of the Seventh Schedule to the Constitution of India.] II Amending Act 30 OF 2020.-It is considered necessary to amend the Karnataka Land Grabbing Prohibition Act, 2011 (Karnataka Act 38 of 2014), to,- (i) clarify the definition of land; (ii) make provisions for prescribing procedure of the special court; (iii) stipulate the jurisdiction of civil court and special court ; (iv) make a provision for appeal against orders of the special court; and (v) certain consequential amendments connected therewith or incidental thereto. As the matter was urgent and both houses of the Karnataka state legislature were not in a session, therefore the Karnataka Land Grabbing Prohibition (Amendment) Ordinance, 2020 (Karnataka Ordinance No.6 of 2020) was promulgated to achieve the above object. This Bill seeks to replace the said Ordinance. Hence the Bill. [L.A. Bill No. 40 of 2020, File No. Samvyashae 30 Shasana 2020] [Entries 18 and 64 of List II of the Seventh Schedule to the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No. 474 in part-IVA dated: 19.10.2020] III Amending Act 30 of 2022.- It is considered necessary further to amend the Karnataka Land Grabbing Prohibition Act, 2011 (Karnataka Act No.38 of 2014) to avoid criminal proceedings against farmers who have encroached the Government Land in rural areas by excluding all the place from the purview of the said Act except the places within the limits of the Urban areas. Hence, the Bill. [L.A. Bill No. 20 of 2022, File No. SAMVYASHAE 20 SHASANA 2022] [Entry 18 of List II of the Seventh Schedule to the Constitution of India] [Published in Karnataka Gazette Extra-ordinary No. 521 in part-IVA dated: 13.10.2022] 4 IV Amendment Act 29 of 2025:- The Karnataka Land Grabbing Prohibition Act (Karnataka Act 38 of 2014) was enacted to establish a "Special Court” in the State for speedy trial of any act alleged as 'land grabbing' and to prosecute the offences related to land grabbing, ownership of the grabbing land, cases related possession of land legally and such offenses specified in Chapter XIV(A) of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964). Whereas the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) has been amended to streamline the provisions for the protection of Government Land and land meant for public purposes. The Hon’ble Supreme Court in Hinch Lal Tiwari vs Kamala Devi, Jagpal Singh vs State of Punjab and others and Joginder vs State of Haryana and others in reportable judgements has repeatedly emphasized the responsibility of the State Government in protecting the Government and public lands. This amendment will enable to protect the Government land and ensure the revenue officials do not strike from their primary responsibility. To introduce the accurate way of measuring distance while filing case against encroachment of the Government lands. And whereas appointment of staff and employees is a prerogative of the Government and governed by the rules, norms and economy orders. Hence, surervision of the Government is required for any recruitment. Enhancement of penalty in other cases of Land grabbing. Hence, the Bill. [L.A. Bill No.15 of 2025, File No. SAMVYASHAE 22 SHASANA 2025] [Entry 18 of List II of the Seventh Schedule to the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No.224 in part-IVA dated:07.04.2025] 5 KARNATAKA ACT NO. 38 OF 2014 (First Published in the Karnataka Gazette Extra-ordinary on the Twentieth day of October, 2014) THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 (Received the assent of the President on the Ninth day of October, 2014) (As amended by Acts 30 of 2020, 30 of 2022 and 29 of 2025) An Act to provide for measures to curb organized attempts to grab lands whether belonging to the Government, wakf or the Hindu Religious Institutions and Charitable Endowments, local authorities or other statutory or non-statutory bodies owned or controlled or managed by the Government. And whereas such land grabbers are forming bogus cooperative housing societies or setting up fictitious claims and indulging in large scale, unprecedented and fraudulent sale of such lands through unscrupulous real estate dealers or otherwise in favour of certain sections of the people resulting in large accumulation of unaccounted wealth and quick money to land grabbers and thereby adversely affecting public order; And whereas, having regard to the resources and influence of the persons by whom, the large scale, on which and the manner in which, the unlawful activity of land grabbing was, has been, is being organised and carried on in violation of law, as land grabbers in the State of Karnataka, it is necessary and expedient to curb immediately such unlawful activity of land grabbing. Be it enacted by the Karnataka State Legislature in the sixty second year of the Republic India as follows:-