Karnataka High Court
Hakki Pikki & Eruliga (Schedule Tribes) ... vs The Union Of India on 6 November, 2024
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WP No. 13081 of 2019
C/W WP No. 45733 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
WRIT PETITION NO. 13081 OF 2019 (KLR-RES) PIL
C/W WRIT PETITION NO. 45733 OF 2018 (GM-FOR) PIL
IN WP No. 13081/2019
BETWEEN:
1. HAKKI PIKKI & ERULIGA
(SCHEDULE TRIBES) WELFARE COMMITTEE
REP. BY SRI SANJAY
S/O MISSION DORE
R/AT RAGIHALLI VILLAGE
HEROHALLI HOBLI
KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 159
Digitally ...PETITIONER
signed by (BY SRI. RAVISHANKAR, ADVOCATE)
AMBIKA H B
Location: AND:
High Court 1. THE STATE OF KARNATAKA
of Karnataka REPRESENTED BY ITS
CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE - 560 001
2. THE PRINCIPAL SCRETARY
DEPARTMENT OF REVENUE
THE STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE - 560 001
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WP No. 13081 of 2019
C/W WP No. 45733 of 2018
3. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT
KANDAYA BHAVAN
BANGALORE - 560 009
4. THE ASSISTANT COMMISSIONER
RAMANAGARA SUB DIVISION
RAMANAGARA - 562 159
5. THE LAND GRANT COMMITTEE
REP. BY ITS PRESIDENT
THE ASSISTANT COMMISSIONER
RAMANAGAR SUB-DVN
RAMANAGAR - 562 159
6. THE TAHASILDAR
KANAKAPURA TALUK
RAMANAGAR DISTRICT - 562 159
7. THE HAKKI PIKKI & IRULIGA TRIBAL SOCIETY
SOCIETY REG. No.649/2002-03
HAVING ITS REGISTERED OFFICE
AT No.33/1-9, THYAGARAJ LAYOUT
JAI BHARATH NAGAR
MS NAGAR P.A
BANGALORE - 560 033
REPRESENTED BY ITS SECRETARY
SMT. GUNDAMMA
...RESPONDENTS
(SMT. NILOUFER AKBAR, AGA FOR RESPONDENT NOS.1 TO 6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
REPORT PREPARED BY RESPONDENT No.5 AT ANNEXURE-F
DATED 17.10.2017, CONSEQUENTLY DIRECT THE RESPONDENT
NOS.4 AND 5 TO RE-VERIFY AND ASCERTAIN, THE GENUINE
FAMILIES/MEMBERS OF HAKKI PIKKI COMMUNITY WHO ARE
ENTITLED FOR THE BENEFIT OF REGULRIZATION OF THE LAND IN
SY NO.1 OF RAGIHALLI [HAKKI PIKKI BLOCK] KANAKAPURA
TALUK, RAMANAGARA DISTRICT AND ETC.
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NC: 2024:KHC:47892-DB
WP No. 13081 of 2019
C/W WP No. 45733 of 2018
IN WP NO. 45733/2018
BETWEEN:
1. HAKKI PIKKI & ERULIGA (SCHEDULE TRIBES)
WELFARE COMMITTEE (SAMITHI)
DULY REP. BY ITS CONVENER/PATTERN
SRI V. VISHNUKUMAR
S/O VALGAT AT RAGIHALLI
AGED ABOUT 40 YERS
HAKKI -PIKKI COLONY
BANNERGHATTA POST
JAGANI HOBLI
ANEKAL TALUK
BANGALORE - 560 083
...PETITIONER
(BY SRI. M SHIVAPRAKASH, ADVOCATE)
AND:
1. THE UNION OF INDIA
MINISTRY OF TRIBAL AFFAIRS
REPRESENTED BY ITS SECRETARY
SHASTRI BHAVAN
DR RAJENDRA PRASAD ROAD
NEW DELHI - 110 011
2. THE NATIONAL COMMISSION
FOR SCHEDULED TRIBES
REP. BY ITS CHAIRPERSON
6TH FLOOR 'B' WING
LOKNAYAK-BHAVAN
KHAN MARKET
NEW DELHI-110 003
3. THE STATE OF KARNATAKA
REPRESENTED BY ITS
CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORRE-560 001
4. THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
THE STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE - 560 001
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WP No. 13081 of 2019
C/W WP No. 45733 of 2018
5. THE PRINCIPAL SECRETARY
DEPARTMENT OF FOREST & ENVIRONMENT
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE - 560 001
6. THE CHIEF CONSERVATOR OF FOREST
STATE OF KARNATAKA
ARANYA BHAVAN, MALLESHWARAM
BANGALORE - 560 003
7. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT
KANDAYA BHAVAN
BANGALORE - 560 009
8. THE ASSISTANT COMMISSIONER
RAMANAGARAA SPECIAL DIVISION
RAMANAGAR - 562 159
9. THE TAHASILDAR
RAMANAGARA TALUK
RAMANAGARA DISTRICT - 562 159
...RESPONDENTS
(SRI K. BHEEMAIAH, ADVOCATE FOR RESPONDENT NOS.1 AND 2
SMT. NILOUFER AKBAR, AGA FOR RESPONDENT NOS.3 TO 9 )
THIS WRIT PETITION IS FILED UNDER ARITICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYNIG TO DIRECT THE R-4
TO 9 TO IMPLEMENT THE SCHEME OF REHABILITATION VIDE
NOTIFICATION DATED 29.1.1962, BANGALORE AT ANNEXURE-D
AND NOTIFICATION DATED 28.9.2016 AT ANNEXURE-G
RESPECTIVELY BY DOING PROPER SURVEY AND PREPARE
INDIVIDUAL PLOT/SKETCH WITH BOUNDARIES BY ASSIGNING
DIFFERENT NUMBER/BLOCK/PLOTS TO THE FAMILIES OF HAKKI
PIKKI ENLISTED IN ANNEXURE-B AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WP No. 13081 of 2019
C/W WP No. 45733 of 2018
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) These two petitions filed as public interest petitions rise common questions. Since the facts are similar and the issues are common, both were heard together to be treated for disposal by this order simultaneously.
2. Heard learned advocates Mr. Ravishankar and Mr. M. Shivaprakash for the petitioners in the respective petitions, learned Additional Government Advocate Smt. Niloufer Akbar for the respondent-State and its authorities in both the petitions, whereas learned advocate Ms. Maitreyi Krishnan for respondent No.7 and learned advocate Mr. K. Bheemaiah for respondent Nos.1 and 2, respectively.
3. Both the petitions are filed by Hakki Pikki and Eruliga (Scheduled Tribes) Welfare Committee. The prayer in Writ Petition No.45733 of 2018 is to direct respondent Nos.4 to 9 who are the authorities of the Department of Revenue and Department of -6- NC: 2024:KHC:47892-DB WP No. 13081 of 2019 C/W WP No. 45733 of 2018 Forest and Environment of the State Government, to implement the scheme of rehabilitation as per Notification dated 29.01.1962 as well as Notification dated 28.09.2016 by undertaking a survey and by preparing individual plot/sketch, laying down boundaries by assigning different number/block/plots to the families of Hakki Pikki community. It is also prayed to earmark the plots by surveying and fixing the boundaries to protect and safeguard the Hakki Pikki tribal communities from the encroachers.
3.1 In other Writ Petition No.13081 of 2019 prayers are made on the same lines. It is prayed to call for the record relating to Survey No.1 Ragihalli (Hakki Pikki Block), Kanakapura Taluka, Ramanagara District from respondent Nos.4 and 5 who are the Assistant Commissioner, Ramanagara, Sub-Division and the Land Grant Committee through its President and Assistant Commissioner respectively. It is further prayed to direct respondent Nos.4 and 5 to re-verify and ascertain the genuine families/members of the said community who are entitled to the benefit of regularization of land in the said survey number. Next prayer is made to direct the respondents to consider the representation dated 07.12.2007 to refix the boundaries for the -7- NC: 2024:KHC:47892-DB WP No. 13081 of 2019 C/W WP No. 45733 of 2018 land in their occupation and issue hakku patra and title deeds to 46 families within a timeframe.
3.2 It is stated that the petitioner-Welfare Committee is constituted to safeguard and protect the interest of the Hakki Pikki and Eruliga tribes which have roots in Ragihalli village in the erstwhile Jigani Hobli, Bengaluru South Taluka. It is the case that the Hakki Pikki and Eruliga community are known for their habitation with the forest and they are depending on forest produces. They are engaged in preparation of medicines from the selected extracts from medicinal herbs and shrubs in the forest region. It is stated that the community keeps on migrating from one place to another from season to season and they are classified as nomads, who are the people without fixed habitation. 3.3 This community is declared as Scheduled Tribe by the Government of India under Articles 366 and 342 (25) of the Constitution, on whom certain benefits and privileges are confirmed. It is stated that the members of this community are in occupation and cultivation of certain extent of agricultural land in Ragihalli village bearing Survey No.1 covering the area with the extent of 350 Acres. It is stated that Government of Mysore issued -8- NC: 2024:KHC:47892-DB WP No. 13081 of 2019 C/W WP No. 45733 of 2018 Gazette Notification reserving the land to the said extent for the use and benefit of the Hakki Pikki community persons. 3.4 The Notification dated 29.01.1962 which is sought to be implemented as per the prayer, figures on record of the petition. It is issued in exercise of powers under Section 30(1) of the Mysuru Forest Act, 1900, whereby it is directed to specify the area prescribed in the schedule of the notification forming part of Ragihalli State Forest. It is stated that the said land is earmarked for the purpose of use of Hakki Pikki community. 3.5 It is further stated that in the colony of Hakki Pikki, in all about 155 families stay which include the families of Eruliga community. The petitioner has attached the list of such members staying in the colony. It is stated that they have checkered history of agony and suffering since 7 to 8 decades. It is stated that the aforesaid Notification dated 29.01.1962 carves out of the area of land in Survey No.1 to the extent of 350 Acres which is to be made available to the affected families of the Hakki Pikki community. 3.6 It is the case of the petitioner that the Department of Revenue is duty bound to issue necessary revenue records to -9- NC: 2024:KHC:47892-DB WP No. 13081 of 2019 C/W WP No. 45733 of 2018 confer rights and title in favour of the beneficiaries who have registered their names with the authorities. It is the grievance that in spite of several representations and personal requests, the authorities have not issued Saguvali chit and have not demarcated the boundaries. It is the allegation that the interests of tribal community are not attended to and their members are harassed by not conferring the benefits granted to them. 3.7 In Writ Petition No.13081 of 2019, similar pleadings are made inter alia that the Hakki Pikki and Eruliga community family members have migrated from Gujarat, Orissa and Andhra Pradesh and that they have been earning their livelihood from forest produce, herbs, spices and plants which are used for medicines. However, their living conditions are miserable and they have been living under inhuman conditions. It is stated that their huts are covered by tarpaulins and not concrete roof, which deprives them of basic human rights. It is stated that they are also not having basic amenities even after passage of long decades. It is stated that the government has taken steps to allot 283 Acres of land to Hakki Pikki and Eruliga community persons. It is reiterated that the survey was conducted and it was reported that 155 families were
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NC: 2024:KHC:47892-DB WP No. 13081 of 2019 C/W WP No. 45733 of 2018 residing and cultivating 350 Acres in Survey No.1 of Ragihalli State Forest.
3.8 The Court passed orders from time to time in these petitions which were filed in the years 2018 and 2019.
4. By filing the affidavit-in-reply dated 07.02.2020, the State Government has given out that under the Mysore Forest Regulation (XI of 1900) which came into force from 01.01.1901, the entire area in Ragihalli State Forest village is treated as State Forest. It is further stated that the State Government in the year 1962 issued Notification de-reserving 350 Acres in Ragihalli State Forest for the purpose of resettling the Hakki Pikki community families who are leading unsettled and nomadic life. 4.1 It was stated that subsequently Corrigendum dated 28.09.2016 was issued ironing out certain discrepancies that the land of 350 Acres was the land handed over to the Tahasildar, Kanakapura Taluka, Revenue Department by the Forest Department on 28.10.2017. It is stated that this 350 Acres of land stood vested in the Revenue Department. It is stated also that 350
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NC: 2024:KHC:47892-DB WP No. 13081 of 2019 C/W WP No. 45733 of 2018 Acres of land bears the name as Hakki Pikki Block at Ragihalli State Forest.
4.2 About 155 number of families are stated to have been staying in the colony of Hakki Pikki. It is stated that the same is the matter on record and the State would crosscheck in the revenue records maintained by the government. It is stated that survey would be conducted and Saguvali chit would be issued. It is stated that recently RTC of the said Survey No.1 of Ragihalli Village showed that area of 338 Acres shall be handed over to the Revenue Department which stands in the name of Kandaya Ilakhe. 4.3 Finally, respondent No.9-Tahasildar, Ramanagara Taluka filed memo dated 19.02.2024. Along with the memo, documents are furnished with the English Translation which include the following, "(i) Committee Report dated 17.10.2017 regarding granting of land to the Petitioners and Backward Class People in respect of land bearing Sy. No.1 of Ragihalli State Forest, Harohalli Hobli, Kanakapura Taluk, now known as Harohalli Taluk;
(ii) The Official Memorandum dated 08.08.2023 bearing No.LND/CR/172/2010-11, wherein containing the grant of different extents of land to 114 eligible beneficiaries in the total extent of
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NC: 2024:KHC:47892-DB WP No. 13081 of 2019 C/W WP No. 45733 of 2018 228 Acres in Sy. No.1 of Ragihalli State Forest, Harohalli Hobli, Kanakapura Taluk, now known as Harohalli Taluk;
(iii) Particulars of the Grantees and Mutation Register Number details, pursuant to the implementation of the Report and Official Memorandum."
4.4 The documents produced include the report of the Committee which deals with the subject of granting land to the Hakki Pikki and of Eruliga in Survey No.1 of Ragihalli State Forest, Herohalli Hobli, Kanakapura Taluka, Ramanagara District. The report of the Committee identified the details of the applicants eligible for land grant in the Ragihalli State Forest in the said survey number. The list of 114 persons containing their names, age and the extent of land in their possession with relevant remarks is produced. Also produced is the list of applicants who are considered ineligible, which are 92 in numbers. 4.5 Official Memorandum dated 08.08.2023 is produced which contains the list of grantees of the land including the details of the extent of land granted to them and the different block numbers. The list included the names of 114 persons identified and recommended as eligible in the report of the Committee.
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5. From the aforesaid facts, the documents and the list produced on record, it is clear that necessary steps are taken by the authorities for earmarking the plot/land to the members of the Hakki Pikki and Eruliga community in Survey No.1 of Ragihalli State Forest. They are in possession of their respective blocks with the area demarcated and allotted to them. The grievance and prayers in the writ petitions are satisfied. The authorities have acted upon to earmark and grant land to the persons of the said tribal community.
6. In light of the above, the present public interest petitions deserve to be disposed of. It is however observed that if any individual grievance subsists or arises for any individual members of the Hakki Pikki - Eruliga community in respect of the treatment given to them including non grant of the land and etc., it is open to such aggrieved person to institute independent individual proceedings for redressal of their grievance to be considered on merits and in accordance with law.
7. Both the petitions are disposed of accordingly.
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NC: 2024:KHC:47892-DB WP No. 13081 of 2019 C/W WP No. 45733 of 2018 In view of disposal of the petitions, the interlocutory applications, as may be pending, would not survive and they stand accordingly disposed of.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K. V. ARAVIND) JUDGE AHB List No.: 1 Sl No.: 11