Kharab land is so called because it is not cultivable and is classification made for purposes of revenue exemption, Kharab land is also capable of ownership and cannot be regarded as an adjunct to cultivable land which gets transferred along
with the cultivable land. Acquisition of title to the kharab land is similar to acquisition of title to the cultivable land.
The word "Phut Kharab" and 'pot' kharab mean and have reference to a land which is
included in an assessed survey number but which is unflit for cultivation. Every pot kharab land does not belong to government. For the purpose of assessment, the uncultivable portion of the land or phut kharab portion of the land is excluded from consideration on the ground that it is cultivable. But it does not cease to belong to the owner of the survey number. In volume I of the Mysore Revenue Manual, the word kharab is explained in this way. The expression 'phut kharab' is similar to the expression 'pot kharab'. That is so, is clear from the Mysore Revenue Survey Manual where at page 68 the words 'pot kharab' land is defined thus: "(13). Pot kharab means a piece of pieces of land classed as unarable and included in a survey number".
The words phut Kharab, therefore, mean and have reference to a land which is included in an assessed survey number but which is unfit for cultivation.
After coming into the force of the Karnataka Land Revenue Act 1964 the word phut Kharab has been defined under Rule 21(2) as under- "during the process of classification, land included as unarable shall be treated as "Pot Kharab". Pot Kharab land may be classified as follows.
(a) That which is classified as unfit for agriculture at the time of survey including the farm buildings or threshing flours of the holder;
(b) That which is not assessed because, (i) it is reserved or assigned for public purpose; (ii) it is occupied by a road or recognised 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 villager potteries."
Therefore, it becomes clear if the land falls within the category of 21(2)(a) (A KHARAB) it is not a government land, it belongs to the ownership of the land owner. If it falls under 21(2)(b) (B KHARAB) then it belongs to the government and the land owner cannot have a claim over the said land.
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