Farmers with occupancy right entitled to relief: SC

A bench of justices Markandey Katju and T S Thakur said: “In the result, we direct that while grant of occupancy-tenancy rights in favour of the respondents qua the parcels of land in their respective possession as on the appointed date shall stand affirmed…’’

“…The question as to who is entitled to what compensation for the acquisition of said lands in question is left open to be determined in appropriate proceedings under the Land Acquisition Act, 1894 if not already determined,’’ said the judges. The bench said that the occupancy right over certain Inam lands at Hanumanthanagar of Bangalore would lie with Munikadirappa and other farmers.

Munikadirappa and others had claimed cultivating occupation right over the land which belonged to temple of Kumaraswamy. The Land Tribunal had allowed Munikadirappa and others occupancy rights over the lands on April 10, 1987. However, the temple challenged the order of the Tribunal before the Land Reforms Appellate Authority in an appeal.

In the meantime the lands were acquired by the BDA for setting up of Kumaraswamy Layout. The temple and the farmers then claimed compensation. “The only question that fell for consideration before the high court in the writ petition filed by the respondents was whether the grant of occupancy rights in their favour by the land tribunal was justified. The single judge of the high court answered the said question in the affirmative and in our opinion rightly so,’’ the court said.