Monday 16 November, 2015

PHADA RESTORATION- LEGAL IMPLICATIONS?

What are 'PHADA LANDS'?
If the revenue is not paid to the state by the owners/kathedars of the land then the said land shall be forfeited to the state. Such forfeiture of the lands to the state is formally reflected in the revenue records as 'PHADA', such lands which are forfeited to the state due to non payment of the land revenue is called as the Phada Lands.
What is the remedy available under the law to the plight of the persons suffering due to forfeiture of the lands to state for non-payment of land revenue(PHADA)?
Taking into consideration the plight of the persons suffering due to forfeiture of the lands to the state for non payment of land revenue, Government of Karnataka made an amendment to Karnataka Land Revenue rules by allowing the amendment to Rule 119 of Karnataka Land Revenue Rules. According to this amended rule the names of the original owners can be restored in the revenue records subject to the compliance of amended provisions by those persons who are claiming right in the property and subject to arrears of tax being remitted to state within the stipulated period.
Rule 119 of the Karnataka Land Revenue Rules was amended by Karnataka Land revenue(Amendment) Rules 2000 which was given effect to by notification no.RD 70 LGP/2002 dated 28.05.2004 with effect from 16.06.2004. In the said notification the conditions for restoration of forfeited land has been stipulated clearly.