Supreme Court nixes Karnataka's plea against HC order on land belonging to Maharaja of Mysore

The top court said the state itself has acquired the lands after 1950 which means it has acknowledged these lands were of Maharaja

The Supreme Court dismissed a plea by the Karnataka government against a High Court's judgement which declared ownership of 1561.31 acres of prime land at Mysuru in favour of 'Maharaja of Mysore'.

The state claimed the High Court's order was against accession treaty of 1950 and British government's decision of 1881-1883 declaring the area as 'Kharab' land meant for public purposes. The High Court had then overturned the district commissioner's order, which declared those as government land.

Rejecting the state's plea, a bench of Justices U U Lalit and Ajay Rastogi said the state government can't wake up after decades when the land has already been purchased by the people.

The top court also said the state itself has acquired the lands after 1950 which means it has acknowledged these lands were of Maharaja.

With this development, the people who bought the land out of 1561.31 acres would continue to enjoy fruits of their properties as the government's efforts to get control over those lands have been rejected.

In its special leave petition, the state government questioned validity of the High Court's division bench order of December 15, 2020, saying it overlooked the fact that questions viz - who is the owner of a land and whether the land in question in a 'Kharab' or not -- need to be answered independently.

Out of total extent of 1563.31 acres, more than 600 acres of land comprises government and public properties such as lakes, forest land, State Administrative Training Institute (ATI), State Institute of Rural Development (SIRD), mounted police, jockey quarters, roads, zoo, horse park, race course, Lalith Mahal Palace, helipad, shooting range, masjid, Motor section of Police department, public lakes such as Karanji, and Tavarekatte.

The state, represented by senior advocate Ranjit Kumar, contended that the lands in Kurubarahalli Village were classified as B - 'Kharab' land in the Survey held during the British government in the year 1881-1883. Even in the resurvey held in the year 1921, the said lands were classified as such only.

"The High Court by mixing and clubbing the issue of ownership of with the issue of its classification as 'Kharab' and declaring that from ownership itself the status of 'Kharab' is decided; has committed grave mistake resulting in miscarriage of justice and passing of erroneous orders," it said.

In fact, there are lakhs of Record of Rights (RORs) in Karnataka where the survey number is private but, at the same time, has 'Kharab' classification, it added.

Advocate Nishanth Patil appeared for residents of Kurubarahalli Village, Vasanthi Hegde and others.