Land Reforms Act can't be a tool for undeserving persons: HC

The high court has said that the Karnataka Land Reforms (KLR) Act should not be allowed to be used as a tool for aggrandising undeserving persons by showing them as tenants in respect of the lands.

A division bench made this observation while allowing the appeal filed by Admar Mutt, Udupi.

“The Karnataka Land Reforms Act, 1961, is undoubtedly beneficial legislation. It is important to remember that this piece of legislation is meant to preserve, protect and also confer benefits on persons who are able to clearly establish the factum of the agrarian relationship as tenants in respect of the land, for which Form No. 7 is filed by them to register them as occupants. Such legislation should not be allowed to be used as a tool for aggrandizing undeserving persons by showing them as tenants in respect of the lands,” a division bench comprising Justice P S Dinesh Kumar and Justice P Krishna Bhat observed in the order.

The facts of the case were that the Admar Mutt had given land measuring 3,267 sq ft, including a house, to a cook by the name G Anantha Bhatta in Shivalli village, which is presently in the heart of Udupi town.

He filed an application in form number 7 of the KLR Act in respect of the land and the Land Tribunal passed an order in December 2003, granting occupancy rights.

Admar Mutt challenged this order before the high court and the single judge bench dismissed the petition.

Allowing the appeal filed by the Mutt, the division bench noted that the land granted by the Tribunal being an urban property cannot be land within the meaning of section 2 A (18) of the KLR Act.

Moreover, there was no written document evidencing the ‘chalgeni’ tenant relationship between the applicant and the Mutt, the court observed.

“In this case, it is necessary to notice that the alleged landlord is a Mutt, which is a religious and charitable institution. Lands are endowed upon such institutions by devotees in the hope that by using the usufructs and other benefits derived out of the land, the Mutt could be run and it could promote the religious and charitable activities,” the bench observed and quashed the order passed by the land tribunal.

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