HC orders resumption of granted land in Devanahalli

The High Court has ordered the resumption of granted land to the extent of 20 acres at Vishwanathapura village in Devanahalli taluk to the legal heirs of the original grantees. Justice R Devdas said that land tribunals cannot pass orders based on the statement given by neighbours depriving the agriculturists of their granted lands.

The land was granted to five grantees by the Deputy Commissioner in January 1972 under the Karnataka Land Grant Rules. However, certain other persons claimed to be tenants under the five original grantees and sought for grant of occupancy rights in respect of the entire 20 acres. The Land Tribunal had conferred occupancy rights in favour of the persons.

The legal heirs of the original grantees challenged various orders including the 1993 decision of the land tribunal, the July 29, 2005 order of the Assistant Commissioner and the November 26, 2007 order of the Deputy Commissioner. Allowing the petitions, Justice Devdas noted that land tribunals are passing orders mechanically, without any enquiry. The court also pointed out that petitioners belong to scheduled caste communities and in that background, the land tribunal has no authority to confer occupancy rights in respect of such granted lands.

“Although it is obvious that such a vast extent of land could not have been cultivated personally, the statements of the neighbours are taken as gospel truth and orders are passed by the Land Tribunals, in many such cases, depriving the poor agriculturists of their lands and livelihood. Such cases also present the stark reality of how the poor who are without any means of livelihood is further mired in the legal tangle which further exposes such persons to answer difficult questions like–delay in approaching the authorities/High Court and the Supreme Court,” the court said.

The court set aside the orders of the Land Tribunals, Assistant Commissioner, and Deputy Commissioner.