(1) The manner of fixing the upset price is laid down in Rule 43(2).
(2) The Revenue Commissioner will fix a table of upset price in consultation with the Deputy Commis¬sioners in respect of each taluk or hobli and report the fact to Government. (G.O. No. R. 7892-901—L.R. 266-53-3, dated 10th August 1953).
(3) The table of upset prices of land fixed by the Revenue Commissioner should be taken only as a guide and the Deputy Commissioners and other local officers should exercise their discretion in fixing the upset price keeping in view the fertility of the soil and the locality. The Deputy Commissioner and other local officers are further instructed not to enhance at the time of confirmation the upset price of lands fixed at the time of grant of land under Grow More Food Scheme except in cases of fraud, collusion or in cases where the lessees have not fulfilled the terms of lease grant. (Letter No. R. 5-15570—L.R. 469-54-2, dated 6th January 1955 from the Revenue Secretary to Government).
(4) The table of Upset prices is only a gujde and not a list which should be blindly adhered to. It is im¬pressed on the local officers that as far as possible in each case they should use their discretion and if in any case it is felt that the upset price according to the table of upset prices is either low or high they should not hesitate to state the fact and make suitable recommendations. Now that the prices of lands are at the downward trend, the Deputy Commissioners of Districts and Local Revenue Officers are directed to note that the upset prices as per table of upset prices must be considered to have been reduced by up to 50 per cent and the valuation of the upset prices adopted accordingly. The several circulars issued from time to time and the instructions issued by Government in their Letter of the 6th January 1955 referred to above and enclosed to this circular, should be sufficient guide to the local officers not to make any mistake in the matter of fixing up upset prices of lands. It is further emphasized that in case of the landless bona fide agriculturists, a, point should be stretched in their favour. Lilt (R. C's. Circular No. Cl 1-2453 and R.M.P.R. 8—54-55, dated 1st February 1955).
(5) Upset price should be levied on phut kharab, included in the lands, applied for coffee cultivation except where it is useless to the applicant, being deducted from the survey number on account of public roads, pathways, etc. If the extent of phut kharab is large the same should be excluded entirely from the land applied for, if it can be separated; but if the applicant chooses to have it included in the land he should pay upset price therefor unless it happens to be a public road, etc. (G.O. No. 1587-95—L.R. 608, dated llth August 1896).
(6) By way of cross check on the valuation of lands by the Revenue Inspectors and village officers, it would be necessary to collect figures under registered documents from the Sub-Registry office which give a fairly correct idea of the valuation of the land in different localities of the Taluk. This information should also be kept upto-date and referred to, while fixing the upset price of lands. Similarly the Land Acquisition Officers may be asked to furnish from the awards passed by them, the valuation fixed for the different categories of lands, from time to time, in the case of valuable lands like tank-bedSj aban¬doned kaval, etc., the valuation should be done with greater care and scrutiny. (R. C's. Circular No. R. Dis. C. 3-168S—52-53, dated l»th November 1952).
As regards malki its value should bear some relation to current market rates, for the corresponding timber or wood and in the case of trees of reserved kind the pres¬cribed rules of valuation under the forest, excise and revenue codes with references to girth, height, age and time value should be directly adhered to.
The upset price to be levied on Service Inam Lands whose Inam Tenure is cancelled due to non-perform¬ance of such services.
(7) An upset price equal to 20 years difference between the assessment and jodi may be recovered and confirmed to the present holders of all service inam lands whose inam tenure is cancelled on the grounds that the services have become unnecessary or are not being performed, (G.O. No. R. 7780—L.R. 401-42-2, dated 10th March 1943).
Upset price on Lands granted to Adikarnataka Colonies.
(8) The Revenue Commissioner is empowered to waive the recovery of upset price up to a limit of Rs. 250 on lands required for Adikarnataka colonies or for extention of villages for housing Adikarnatakas and other depressed class people. (G.O. No. R. 2811-21—L.R. 223-43-2, dated 16th November 1943) .
(2) The Revenue Commissioner will fix a table of upset price in consultation with the Deputy Commis¬sioners in respect of each taluk or hobli and report the fact to Government. (G.O. No. R. 7892-901—L.R. 266-53-3, dated 10th August 1953).
(3) The table of upset prices of land fixed by the Revenue Commissioner should be taken only as a guide and the Deputy Commissioners and other local officers should exercise their discretion in fixing the upset price keeping in view the fertility of the soil and the locality. The Deputy Commissioner and other local officers are further instructed not to enhance at the time of confirmation the upset price of lands fixed at the time of grant of land under Grow More Food Scheme except in cases of fraud, collusion or in cases where the lessees have not fulfilled the terms of lease grant. (Letter No. R. 5-15570—L.R. 469-54-2, dated 6th January 1955 from the Revenue Secretary to Government).
(4) The table of Upset prices is only a gujde and not a list which should be blindly adhered to. It is im¬pressed on the local officers that as far as possible in each case they should use their discretion and if in any case it is felt that the upset price according to the table of upset prices is either low or high they should not hesitate to state the fact and make suitable recommendations. Now that the prices of lands are at the downward trend, the Deputy Commissioners of Districts and Local Revenue Officers are directed to note that the upset prices as per table of upset prices must be considered to have been reduced by up to 50 per cent and the valuation of the upset prices adopted accordingly. The several circulars issued from time to time and the instructions issued by Government in their Letter of the 6th January 1955 referred to above and enclosed to this circular, should be sufficient guide to the local officers not to make any mistake in the matter of fixing up upset prices of lands. It is further emphasized that in case of the landless bona fide agriculturists, a, point should be stretched in their favour. Lilt (R. C's. Circular No. Cl 1-2453 and R.M.P.R. 8—54-55, dated 1st February 1955).
(5) Upset price should be levied on phut kharab, included in the lands, applied for coffee cultivation except where it is useless to the applicant, being deducted from the survey number on account of public roads, pathways, etc. If the extent of phut kharab is large the same should be excluded entirely from the land applied for, if it can be separated; but if the applicant chooses to have it included in the land he should pay upset price therefor unless it happens to be a public road, etc. (G.O. No. 1587-95—L.R. 608, dated llth August 1896).
(6) By way of cross check on the valuation of lands by the Revenue Inspectors and village officers, it would be necessary to collect figures under registered documents from the Sub-Registry office which give a fairly correct idea of the valuation of the land in different localities of the Taluk. This information should also be kept upto-date and referred to, while fixing the upset price of lands. Similarly the Land Acquisition Officers may be asked to furnish from the awards passed by them, the valuation fixed for the different categories of lands, from time to time, in the case of valuable lands like tank-bedSj aban¬doned kaval, etc., the valuation should be done with greater care and scrutiny. (R. C's. Circular No. R. Dis. C. 3-168S—52-53, dated l»th November 1952).
As regards malki its value should bear some relation to current market rates, for the corresponding timber or wood and in the case of trees of reserved kind the pres¬cribed rules of valuation under the forest, excise and revenue codes with references to girth, height, age and time value should be directly adhered to.
The upset price to be levied on Service Inam Lands whose Inam Tenure is cancelled due to non-perform¬ance of such services.
(7) An upset price equal to 20 years difference between the assessment and jodi may be recovered and confirmed to the present holders of all service inam lands whose inam tenure is cancelled on the grounds that the services have become unnecessary or are not being performed, (G.O. No. R. 7780—L.R. 401-42-2, dated 10th March 1943).
Upset price on Lands granted to Adikarnataka Colonies.
(8) The Revenue Commissioner is empowered to waive the recovery of upset price up to a limit of Rs. 250 on lands required for Adikarnataka colonies or for extention of villages for housing Adikarnatakas and other depressed class people. (G.O. No. R. 2811-21—L.R. 223-43-2, dated 16th November 1943) .
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