Every person who has a valid title over his immovable
property has a right to use, enjoy and deal with his property for a Lawful purpose
and in a peaceful manner. But, there are certain restrictions even for such
enjoyment. The restrictions imposed are for various purposes and mostly on the
ground of public good and tranquility.
According to Section 11 of the Transfer of property Act,
1882, where on a transfer of property, an interest therein is created
absolutely in favour of any person, but the terms of the transfer has a rider
clause that such interest shall be enjoyed by the transferee in a particular
manner, he shall be entitled to receive and dispose of such interest as if
there were no such direction. Further, Sec 11 stipulates that there can be no
restriction on the enjoyment of property which has been transferred absolutely.
Similarly, the vendee of an immovable property is entitled to ignore the
condition which cuts down enjoyment of his absolute right over the property. In
cases, where the property has passed absolutely to the Purchaser, any direction
contained in the sale deed contrary to the absolute enjoyment is void and is
not enforceable.
But, there is an exception to this principle. The same
section 11 provides that if any restrictions are imposed on a portion of an
immovable property for purposes of securing the beneficial enjoyment of another
portion of the same property, then the restrictions imposed shall be construed
to be valid. This kind of situation arises mostly in cases where a portion of
the property is transferred and another portion is retained by the Owner, the
Owner may put some reasonable restrictions on the use of the property sold for
the beneficial use of portion of property retained by him. However, such
restrictions are not binding on third parties who are not a party to the
contract.
Section 40 of the Transfer of property Act also deals with
restrictions on the use of the property by its Owner. According to this
Section, where for more beneficial enjoyment of his own immovable property, a
third person has independently of any interest in the immovable property of
another person, or any easement there on, a right to restrain the enjoyment in
a particular manner of later property. This is a right of a third person, who
is not a party to the contract. This right is available against transferees.
But such rights are enforceable against a transferee with notice or against a
transferee who got the property without consideration. They are not enforceable
against transferees without notice or against transferees for consideration.
Land conversion: Section 95 of the Karnataka Land RevenueAct, 1964, stipulates that the agricultural land cannot be used for
non-agricultural purposes without the permission of the Deputy Commissioner
(DC) and Section 97 provides that the non-agricultural land cannot be used for
agricultural purpose again without permission of the Deputy Commissioner. This
is mainly to control the conversion of agricultural land and to protect
agriculturists.
Section 109 of the Karnataka Land Reforms Act, 1961 exempts
certain category of institutions from the restrictions on the use of
agricultural land for non-agricultural purposes such as; industrial
development, educational institutions, places of worship, housing projects,
horticulture, flori culture and agro-based industries.
Sec 14 (1) of the Karnataka Town and Country Planning Act,
1961 provides that On and from the date on which a declaration of intention to
prepare an outline is published under Sub-Section (1) of Sec10 every land use,
change in land use and every development in the area covered by the plan shall
conform to the provisions of this Act and the outline Development plan and the
regulations as finally approved by the State Government under sub-section (3)
of section 13.
Sec 14 (2) of the Act provides that no such change in land
use or development as is referred to in sub-sec(1) shall be made except with
the written permission of the planning authority which shall be contained in a
commencement certificate granted by the planning authority in the prescribed
form.
According to Sec 15(4) of the Act if any person does any work
on, or makes any use of any property in contravention of Sec 14(1), the
planning authority may direct such person by notice in writing, to stop any
such work in progress or discontinue any such use, and may after making an
inquiry remove or pull down any such work and restore the land to its original
condition or may take any measure to stop such use.
Section 300 of the Karnataka Municipal Corporations Act, 1976
provides that the construction or reconstruction of a building shall not begin
unless and until the Commissioner has granted permission for the execution of
the work.
Sec 304 of the Act provides that the Commissioner shall not
permit the construction of any building of public entertainment or any addition
thereto, if such building is; [a] within a radius of 200 meters from any
residential institution attached to a recognized educational institution such
as, a college or High school or Girls School or Public Hospital with a large
indoor patient ward or an orphanage containing one hundred or more inmates, [b]
situated in any thickly populated residential area which is either exclusively
residential or reserved or used generally for residential as distinguished from
business purposes, [c] located in any area reserved for residential purposes by
any housing or planning scheme or otherwise under any enactment.
Use of agricultural lands for non-agricultural purposes,
residential buildings for commercial or industrial purposes, violation of zonal
regulations would attract penal action against the perpetrators according to
Law. The Government of Karnataka under Karnataka Ordinance No. 3 of 2006, inter
alia, has declared that sale of agricultural lands for non-agricultural
purposes without getting such lands converted or without obtaining approval of
the competent authority is an offence punishable with imprisonment of three
years and fine of Rupees ten thousand. Similarly, under the same ordinance,
unlawfully entering or occupying any Government land with the intention of
holding such Government land is an offence punishable with imprisonment for one
year and fine of rupees five thousand. Further, the department of forest and
environment restricts/regulates the use of the property near the sea coasts and
catchment areas.
Therefore, it is advisable that the users of immovable
property may know well in advance, the statutory and other restrictions that
are imposed on the property for peaceful possession and enjoyment of such
property.
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