Daijiworld Media Network - Puttur (SP)

Puttur, Jan 6: The Supreme Court (SC), through a verdict delivered in a case of appeal, has ruled that the decision of the district deputy commissioner would be final and binding as regards utilization of Kumki land is concerned. This has delivered a deadly blow to farmers who have been enjoying rights over Kumki lands and cultivating these lands since the last over 150 years.

Kumki lands are the land owned by the government which lie within 100 yards from land under cultivation. The farmers having agricultural fields in this vicinity had been given the right to cultivate the government land lying vacant, which were bordering their lands. This was known as Kumki right. During the British era, these lands, which were lying vacant and unused, were allowed to be used by land owners for agricultural activities. Kumki land is known with different nomenclatures in Karnataka like Bane, Betta, Haadi, Soppinabetta, Jumma etc.

A three-judge bench of the SC headed by Chief Justice, T S Thakur, which took over an appeal filed by Shyam Bhat from this taluk for hearing, dismissed the appeal, finding that it does not have any reason to ammend the high court order passed in the case. The high court had ruled that the deputy commissioner of the district has the right to take suitable decision relating to Kumki lands.

With this, about four lac farmers presently enjoying Kumki rights on these lands in Karnataka will be losing it forthwith. What steps the government will take in this connection, is a million dollar question now. Shyam Bhat had contended in both high court and SC that the government cannot exercise its right on Kumki land as it belongs to farmers and that if the government takes back these lands, suitable compensation has to be paid. But he has faced reverses in both the courts.

In the past, successive governments had no firm opinion about exercising right on Kumki land. During the BJP regime, a draft notification had been prepared to give absolute right to farmers on Kumki land, but minister, V Srinivas Prasad, speaking in legislative council in the past, had said that while giving Kumki rights might benefit the farmers, in future, shortage of government land to set up hostels, hospitals, and other public service projects may be faced if such a step is taken.

While there are no documents conferring rights on Kumki land to farmers, the SC in an earlier verdict, had ruled that farmers have limited rights to conduct agricultural activities in Kumki land subject to conforming to legally imposed rules. The current government had argued in the SC that right on Kumki land given to farmers was a special power and that it does not fall under property rights. It had also said that by issuing special or general orders under Karnataka Land Reforms Act section 79 (2), the government has the power to restrict or curtail the rights of farmers on these lands.