<p>Bengaluru: The Revenue Authorities have no jurisdiction to entertain any complaint or pass any orders under the provisions of the Karnataka Land Revenue (KLR) Act when the land, even if it is agricultural, is within the jurisdiction of BBMP, the high court of Karnataka has said in a recent judgement.</p>.<p>A division comprising Justices D K Singh and T M Nadaf made this obeservation, while disposing of a batch of writ appeals.</p>.<p class="bodytext">The appellants, comprising landowners and subsequent purchasers of several residential sites, had challenged the notice issued by the tahsildar of Yelahanka in 2014. The notice was issued under Section 192A of the KLR Act, calling upon them to vacate their lands, allegedly used illegally for non-agricultural purposes.</p>.Heatwave deaths: Little change on ground for MGNREGS workers in Karnataka.<p class="bodytext">On September 26, 2024, a single bench had directed the tahsildar to enforce the notices. The single bench reserved liberty to the appellants to establish their right over the lands before a civil court.</p>.<p class="bodytext">In the appeal proceedings, the BBMP, now Greater Bangalore Authority (GBA), submitted that the Kenchenahalli village in question has come within its jurisdiction by a government notification dated January 16, 2007. The court was also informed that the constructions were put up in 2017-18.</p>.<p class="bodytext">The division bench noted that by notification issued on January 16, 2007, the lands in question have been vested with the BBMP, now the GBA, and hence will be outside the scope of the KLR Act. The division bench further noted that the affidavit filed by the joint commissioner, BBMP that they are empowered under Section 243(3) and 244(1) of Greater Bengaluru Governance Act to initiate action against unauthorised constructions, including issuance of notices and removal/demolition of such illegal structures.</p>.<p class="bodytext">“..the said officer has clearly stated that GBA undertakes to initiate and pursue appropriate action, in accordance with statutory provisions, against any unauthorized constructions existing on the schedule lands/ sites, if khata is issued by BBMP/GBA, we are of the view that the Revenue Authorities have lost their jurisdiction to take any action either implementing earlier order from 2014-2022 or by means of issuing of notice and passing orders under the provisions of the KLR Act. In these circumstances, the Writ Appeals are disposed of modifying the order passed by the Writ Court, with observation that the BBMP may take action as provided in the provisions stated supra (GBA Act),” the bench said.</p>
<p>Bengaluru: The Revenue Authorities have no jurisdiction to entertain any complaint or pass any orders under the provisions of the Karnataka Land Revenue (KLR) Act when the land, even if it is agricultural, is within the jurisdiction of BBMP, the high court of Karnataka has said in a recent judgement.</p>.<p>A division comprising Justices D K Singh and T M Nadaf made this obeservation, while disposing of a batch of writ appeals.</p>.<p class="bodytext">The appellants, comprising landowners and subsequent purchasers of several residential sites, had challenged the notice issued by the tahsildar of Yelahanka in 2014. The notice was issued under Section 192A of the KLR Act, calling upon them to vacate their lands, allegedly used illegally for non-agricultural purposes.</p>.Heatwave deaths: Little change on ground for MGNREGS workers in Karnataka.<p class="bodytext">On September 26, 2024, a single bench had directed the tahsildar to enforce the notices. The single bench reserved liberty to the appellants to establish their right over the lands before a civil court.</p>.<p class="bodytext">In the appeal proceedings, the BBMP, now Greater Bangalore Authority (GBA), submitted that the Kenchenahalli village in question has come within its jurisdiction by a government notification dated January 16, 2007. The court was also informed that the constructions were put up in 2017-18.</p>.<p class="bodytext">The division bench noted that by notification issued on January 16, 2007, the lands in question have been vested with the BBMP, now the GBA, and hence will be outside the scope of the KLR Act. The division bench further noted that the affidavit filed by the joint commissioner, BBMP that they are empowered under Section 243(3) and 244(1) of Greater Bengaluru Governance Act to initiate action against unauthorised constructions, including issuance of notices and removal/demolition of such illegal structures.</p>.<p class="bodytext">“..the said officer has clearly stated that GBA undertakes to initiate and pursue appropriate action, in accordance with statutory provisions, against any unauthorized constructions existing on the schedule lands/ sites, if khata is issued by BBMP/GBA, we are of the view that the Revenue Authorities have lost their jurisdiction to take any action either implementing earlier order from 2014-2022 or by means of issuing of notice and passing orders under the provisions of the KLR Act. In these circumstances, the Writ Appeals are disposed of modifying the order passed by the Writ Court, with observation that the BBMP may take action as provided in the provisions stated supra (GBA Act),” the bench said.</p>
