Thursday, June 15, 2023

Government land worth ₹500 crore granted to private

Land Tribunal order in hurry: Government barren land became cultivated land

Kere Manjunath ಕೆರೆ ಮಂಜುನಾಥ್

Bengaluru: Despite the government documents and orders of 'Kharabu Bhoomi', the Land Tribunal has ordered to hand over 24 acres 37 guntas of land worth around ₹500 crore near Mysore road Pantarapalya to a private persons as 'cultivation land'.



Although the chairman of the Bangalore South Taluk Land Tribunal has given the opinion that 'as per the land revenue record, it is not allowed to be granted as it is classified as Kharabu', but with the dissenting opinion of four members, it has been decided to give it to the private individual with a majority. It was announced on February 27 before the assembly elections. With the new government, the tribunal has now been abolished.

 In 2016, the then Land Tribunal concluded that it was government Kharabu land and ordered the eviction of encroachments. Accordingly, the clearance was done. But now the Land Tribunal has issued a contrary order.

South Taluk Land Tribunal 2016 inquired about encroachment of 24 acres 37 gunte land in Survey No. 47 of Kengeri Hobali Pantarapalya village. According to the Land Revenue Rules 1966, the land is category B barren land and is of public interest and all rights are vested in the Government. Even in 1959, there is an entry in the survey record as Government Kharabu-Kallugutte. Reserve is also. Those who are cultivating and claiming the land as their own have not questioned this document.

 The site inspection of the committee confirmed that this area was a Kharabu area which was full of rubble. This land is not suitable for agriculture. The respondents do not have any right of possession over the land. Therefore, the Land Tribunal ordered the Tahsildar on June 29, 2016 that the government should take possession of the land. N. Nagaraja was then the Chairman of the Land Tribunal. K.M. Gopalakrishna, Vijayakumar, C. Narendrababu, Umadevi were members. After 57 years of legal battle, the encroachment was cleared under the command of the District Commissioner and taken over by the government.

Thereafter, the respondents filed an appeal before the High Court. On September 12, 2019, as per the order of the court, the land tribunal started the retrial. In the middle of this land, BBMP has constructed a road in an area of 3 acres and there is construction waste in an area of 2.08 acres. It was found from site inspection that 1 acre 20 gunta is of stone and rest of the land is under agriculture and dairy farming. Thus, cultivating the rest of the land except for the BBMP road and the rock area, which is suitable for cultivation- members of the Land Tribunal, M. Nagaraja, Umesh, C. Narasimhamurthy, V. Somashekhar opined.

 The Chairman of the Land Tribunal, who is also the Assistant Commissioner A.N. Raghunandan, on the contrary, has opined that 'as per the revenue records it is classified as Kharabu, so it is not allowed to sanction'.

 However, on February 27, 2023, the Land Tribunal, by a four-member majority, decided to grant usufruct to the 'petitioner who was cultivating' the land.

Violation of law: call for higher investigation: P.R. Ramesh

The district administration took possession of this land worth hundreds of crores in 2016. A private person went to the High Court. Instructing the maintenance of status quo, the Land Tribunal had ordered a hearing. In this case too, a private person has made money by putting up sheds. There was a discussion about this in the Legislative Council. Kagodu Thimmappa, the then Minister of Revenue Department, had promised that government Kharabu land would be acquired. However, later on, due to the audacity of political figures, it was a violation of the law to order the land to be given to private individuals. There should be a high-level investigation into this. Former member of Legislative Council P.R.Ramesh said that the government should take immediate action.

 Background of the case:

  •  * A complaint to the District Collector, Tehsildar by lawyer K. Diwakar and local resident Ramanna that 'a private person has been misusing the government Kharabu land for commercial activities for 40 years'.
  •  * Chikkahanumayya was the organizer of Pantarapalya village. He had 100 acres of land. The village was declared as Inam Village in 1959. Then all the jodidararu lost their place
  • * Chikkahanumayya applied and got the land. In addition to that, 24 acres and 37 guntas of land were also allotted by the Special DC.
  •  * Questioning this, the public had submitted a petition to the Mysore Revenue Appellate Authority
  •  * The authority had ordered that the Special DC has no authority to sanction.
  • * Chikkahanumayya had approached the High Court saying that the order was unfair.
  •  * The High Court had directed to check whether this is a holding space and take action. Revenue department officials had reported that this is poor land.
  •  * The petitioner, who questioned this in the High Court, had argued that 'we used to do agricultural activities in this place'. The court instructed to check whether it is agricultural land.
  •  * Bengaluru South Taluku Land Tribunal ordered encroachment eviction in 2016
  •  * Ananthaswamy of Chikkahanumayya family had presented the documents of other land and argued that it was sanctioned by the government. When the revenue department investigates this too, it is revealed that fake documents have been created. It was mentioned in the order that this is 'Kharabu Bhoomi'.
  •  * Under the leadership of City DC V. Shankar, the operation was conducted on July 2, 2016 by then AC L.C. Nagaraj land was taken over by the government.

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