Karnataka government moves SC against sidestepping of 1950 accession treaty

The Karnataka government has approached the Supreme Court against a High Court judgment that declared the ownership of 1561.31 acres of land at Mysuru in favour of 'Maharaja of Mysore' against accession treaty of 1950 and the British government's decision of 1881-1883 declaring the area as 'Kharab' land meant for public purpose.

In its special leave petition, the state government questioned the 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 the land and whether the land in question is 'Kharab' or not -- need to be answered independently.

A bench of Justices U U Lalit and K M Joseph, which took up the matter on March 5, allowed senior advocate Harish Salve, appearing for the Karnataka government, three weeks time to place on record all documents, including those related to the accession agreement of January 23, 1950.

The court posted the matter for consideration on April 12.

Senior advocate Basava Prabhu Patil and advocate Nishanth Patil, appearing for residents of Kurubarahalli Village, Vasanthi Hegde and others agreed to await the top court's decision in the matter.

In its petition, the state government through advocate V N Raghupathy 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 RTCs (Record of Rights) in Karnataka where the survey number is private but, at the same time, has Kharab classification, it added.

Out of the total extent of 1563.31 acres, more than 600 acres of land comprised 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, racecourse, Lalith Mahal Palace, helipad, Shooting range, Masjid, Motor section of the Police department, public lakes such as Karanji, and Tavarekatte. Kurbaralli land also contains two villages such as Tavarekatte village and Kurbaralli village where the public is residing and government schools, Government PU College, Anganwadi kendras etc, are functioning, it said.