Kharab Land and its treatment in

Karnataka
in Real Estate
Kharab land is a term that often pops up in various property related documents.
“Phut” or “pot” Kharab is a technical term for a particular classification of land.
After coming into force of the Karnataka Land Revenue Act 1964 the word pot
Kharab has been defined under Rule 21 (2) of the Karnataka Land Revenue Rules,
1966 as under:
During the process of classification land included as unarable shall be treated as
“Pot Kharab”. Pot Kharab lands may be classified as follows:-
 That which is classified as unfit for agriculture at the time of survey including
the farm buildings or threshing floors of the holder; which is A Kharab.
 That which is not assessed because, (i) it is reserved or assigned for public
purpose; (ii) it is occupied by a road or recognized footpath or by a tank or
stream used by persons other than the holders for irrigation, drinking or
domestic purposes; (iii) used as burial ground or cremation ground; (iv)
assigned for village potteries; which is B Kharab.
The ‘A’ Kharab area normally forms part of the Survey number which is owned
by a party as the Kharab area which was part of it, could not be used for
agricultural purposes. Therefore sometimes, it is exempted from the assessment.
The title with respect to the ‘A’ Kharab area normally goes with the title of the
owner of land in which the said ‘A’ Kharab area is located.
In a case reported in ILR 1973 Mysore 56 Rusool Khan vs. State of Mysore in para
6 of the Judgment, the court observes “Kharab land is so called because it is not
cultivable and is a classification made for the purpose of revenue exemption.
Kharab land is also capable of ownership and cannot be regarded as an adjunct
to cultivate land which gets transferred along with cultivable land. Acquisition of
title to the Kharab land is similar to acquisition of title to the cultivable land”.
The land which is categorized as ‘A’ Kharab land can be regularized and can be
converted. The regularizing and collection of penalty is usually done at the time
of conversion of the land for non-agricultural purposes. As noted in the judgment
cited, title to that ex-kharab area also will have to be transferred along with the
former cultivable area. The title to the former kharab area would not go
automatically with the transfer of title with agricultural area of the land.
In the deed of conveyance, the boundaries of land would include the kharab area
located within boundary of the land, which is designated by survey number or a
sub survey whose boundaries are fixed by law. So the crucial question is the
intention of the party in transfer of property, i.e. whether transfer intended to
include newly converted kharab area also.
The kharab land which is categorized as ‘B’ kharab belongs to the Government
and the same can neither be converted nor conveyed. Even though the ‘B’ kharab
is conveyed it remains as ‘B’ kharab land to be reserved or assigned for public
purpose and will not confer any right, title and interest over the said ‘B’ kharab
land.