Karnataka High Court
B T Shivaprakash vs The State Of Karnataka on 6 December, 2013
Bench: Chief Justice, S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 6TH DAY OF DECEMBER 2013
PRESENT
THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
WRIT PETITION NO.30193/2012 (KLR-RES-PIL)
BETWEEN
1. B T SHIVAPRAKASH
S/O PATEL THIMMAPPA
AGED ABOUT 50 YEARS
AGRICULTURIST
R/O BASAPURA VILLAGE
THALYA HOBLI
HOLALKERE TALUK
CHITRADURGA DISTRICT-577526
2. B T SURESH
S/O THIMMAPPA
AGED ABOUT 35 YEARS
AGRICULTURIST
R/O BASAPURA VILLAGE
THALYA HOBLI
HOLALKERE TALUK
CHITRADURGA DISTRICT-577526
3. R.H. THIMMAPPA
S/O HANUMANTHAPPA
AGED ABOUT 54 YEARS
AGRICULTURIST
R/O BASAPURA VILLAGE
THALYA HOBLI
HOLALKERE TALUK
CHITRADURGA DISTRICT-577526
2
4. NAGARAJAPPA
S/O HANUMANTHAPPA
AGED ABOUT 50 YEARS
AGRICULTURIST
R/O BASAPURA VILLAGE
THALYA HOBLI
HOLALKERE TALUK
CHITRADURGA DISTRICT-577526
5. MOHAN S/O BASAPPA
AGED ABOUT 45 YEARS
AGRICULTURIST
R/O BASAPURA VILLAGE
THALYA HOBLI
HOLALKERE TALUK
CHITRADURGA DISTRICT-577526
6. BASAVARAJAPPA
S/O HANUMANTHAPPA
AGED ABOUT 60 YEARS
AGRICULTURIST
R/O BASAPURA VILLAGE
THALYA HOBLI
HOLALKERE TALUK
CHITRADURGA DISTRICT-577526
... PETITIONERS
(BY SRI R SHASHIDHARA, ADV.,)
AND
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
REVENUE DEPARTMENT
M.S BUILDINGS
BANGALORE-560001
2. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA-577501
3. THE ASSISTANT COMMISSIONER
CHITRADURGA SUB-DIVISION
CHITRADURGA-577501
3
4. THE TAHSILDAR
HOLALKERE TALUK
HOLALKERE
CHITRADURGA DISTRICT-577526
... RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO DIRECT ALL THE RESPONDENTS HEREIN TO
CONSIDER THE REPRESENTATIONS GIVEN BY THE
PETITIONERS AND TAKE IMMEDIATE ACTION BY
REMOVING THE UNAUTHORIZED OCCUPATION OF
GOMAL LAND IN SY.NO.6 MEASURING 98 ACRES 21
GUNTAS WITHIN REASONABLE PERIOD.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE
MADE THE FOLLOWING:
ORDER
D.H.WAGHELA, CJ (Oral)
1. Six petitioners have, by way of the present petition in the nature of public interest litigation, made the grievance that the land bearing Sy.No.6 admeasuring 98 acres and 21 guntas at Basavapura village is 'gomal' land and being encroached for unauthorised cultivation and their representations in that regard are not attended. Therefore, prayer is made to order consideration of their 4 representations and removal of unauthorised cultivation on the land in question.
2. Pursuant to the previous order, a detailed affidavit of Mr.V.P.Ikkeri, at present, Deputy Commissioner, Chitradurga, is filed stating the facts about alleged encroachment on gomal lands in the land bearing Survey No.6 of Basavapura Village, Thalya Hobli, Holalkere Taluk in Chitradurga District. It is in effect stated in the affidavit that some villagers are consistently complaining about encroachment on the gomal land and actions are also being consistently taken, in accordance with law, for removal of such encroachments, with police help. It is, however, also stated that the area in question is cultivable only during rainy season and left as a fallow land during summer. It is only during rainy season i.e., during the months of June to September that grass and shrubs grow, which is available for pasturage, on which villagers leave their cattle to graze. It is further stated on oath that after the rainy season, the encroachers, who are very poor residents of three nearby villages, encroach upon different extents of the gomal land for growing coarse grains like maize or ragi and after harvesting the crop during November or December, they 5 abandon the land, which would again be available for grazing of cattle. For such limited harvesting in a difficult terrain, the encroachers earn Rs.4,000/- to Rs.5,000/-.
3. Since the deponent of the affidavit has recently resumed charge on 27.05.2013, a fresh survey has been conducted and the gomal lands of Basavapura and Kashipura villages have again been demarcated. It is found that 66 persons were unauthorisedly cultivating the land in the area of 77.36 acres and eviction notices under Section 39 of the Karnataka Land Revenue Act were issued to them. Since they were not voluntarily vacating the encroached land, police protection was taken from the Superintendent of Police and on 30.11.2013, they have been evicted and possession of the entire gomal land in Survey No.6 of Basavapura village admeasuring 95.19 acres has been taken over. It is further stated that the demarcated area has now been encircled by putting a permanent trench along the boundary of the entire extent of land and the Government is in custody of the said land, which is again made available for grazing of cattle.
4. In view of the facts placed on record, the petition does not survive for any further orders, as regards prayers made 6 in the petition. However, prima facie, it appears, encroachment of the gomal land in the area in question is a recurring problem, arising out of unemployment or landless status of the persons driven to resort to encroachment, presumably on account of their poverty. Since they are also human beings and citizens of this country entitled to basic human right to life, it is also necessary to look into their plight. In that context, it was fairly submitted by learned AGA, on instruction of the Deputy Commissioner of the District, that those persons identified as encroachers on the gomal land will be enlisted and a copy of the list shall be supplied to the District Legal Services Authority, in order to help them in availing the benefits of the welfare schemes devised and declared by the State Government, for providing lands for cultivation for their survival and for education and nutrition of their children. It was also suggested that in case appropriate applications are made by them with the legal aid to be provided by the District Legal Services Authority, the district administration would do the needful to help them in securing whatever benefits they are entitled to, in accordance with law, from the welfare schemes of the State Government. It was also suggested that in case such encroachers are found to be 7 absolutely landless and helpless, allotment of some areas of the Government land would as well be considered, in accordance with law.
5. Therefore, while disposing the petition as not surviving, it is directed that the Tahsildar concerned shall provide a list of persons removed as encroachers from the land in question to the District Legal Services Authority, with a copy of this order. The District Legal Services Authority shall then approach the offices of the Tahsildar and Deputy Commissioner for necessary guidance regarding formalities to be complied for the purpose of availing the schemes applicable to such persons, as also their family, particularly with respect to allotment of lands, employment and education of their children. It is expected that the district administration shall adopt a positive approach and evince active interest in seeing to it that such persons, who have to resort to encroachment for their survival, are heard and guided and help them into living a suitable life with at least minimum required means for survival and education of their children. With these observations, it is further directed that the report of the action taken, pursuant to the above direction, shall be 8 placed on record on or before 28.02.2014 and the matter shall be listed only for that purpose, even as it is disposed today.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv