Housing society seeks quashing of land grab act provisions

The High Court of Karnataka on Friday issued notice to the principal secretary, Revenue Department, and the special court on land grabbing on a petition seeking directions to quash certain provisions of the Land Grabbing Prohibition Act, 2011.

The petitioner, Remco (BHEL) House Building Co-operative Society Ltd approached the high court seeking directions to quash the pending proceedings before the special court.

Members of the society, Hemanth Raju, Ashok S Kulli and M A Palani had approached the high court. The special court said that 54 acres of land in Adigarakallenahalli in Anekal taluk was encroached upon by Remco Society and that they cannot sell the sites to members of the society. The petitioner said the high court had already passed an order in three different petitions in favour of the society and the special court cannot hear the matter after a higher court has already decided the matter.

The petitioner has also challenged Section 16 of the Land Grabbing Prohibition Act, 2011 stating that the provision gives unfettered discretion for initiation of criminal proceedings against the owners of the land. They have said that the provision is in violation to Articles 14 (equality) and 19 (freedom of expression) of the Constitution of India.

The petitioner has sought directions to declare Section 16 of the Act as unconstitutional and to quash the pending proceedings before the special court. A division bench comprising Chief Justice S K Mukherjee and Justice P S Dinesh Kumar issued notice and adjourned the hearing to June 27.