Daijiworld Media Network - Beltangady (SP)

Beltangady, May 30: The state High Court (HC), on Monday May 29, permitted the state government to take over 9,754 acres of land currently held by Neriya Estates Rural Industries Association Company in Neriya village in the taluk. This land will go to the forest department.

Neriya Estates Rural Industries Association Company had approached the High Court seeking to quash the order issued by Dakshina Kannada district deputy commissioner on January 17, 2008, seeking to acquire the said land in Neriya village under Karnataka Land Reforms Act. The single judge bench of the state HC presided over by Justice Ravi Malimath, has dismissed the petition of the company and passed the order as above.

The company has been arguing that it has been in possession of the said land on the basis of a tenancy agreement entered into in the year 1958. It pointed out that as per Karnataka Land Reforms Act - 1974 (ammendment), the tiller automatically is vested with the ownership of the land under cultivation. It said that the government was wrong in not transferring the land in the company's name in terms of the said law, and argued that the deputy commissioner's order was unilateral in nature.

The HC, which dismissed this argument, said that the Land Reforms Act is applicable for only the farmers and no firms or institutions have the right to use the land for commercial purpose. It upheld the order issued by the deputy commissioner for land acquisition and instructed the government to take over the land stated above and vest it with the forest department.

The company named above had taken 8,983 acres of land on contract from Gopalakrishna Hebbar from Neriya village in 1978 and was enjoying the land as a tenant. Although it repeatedly tried to take over the land in question under Land Reforms Act, Karnataka Land Tribunal had dismissed its applications, stating that the act applies only for agricultural operations conducted by individuals. Accordingly, tahsildar of the taluk had replaced the name of the company with the government in the revenue records. After the HC directed the deputy commissioner to hear objections placed by the petitioner and take considered decision, the deputy commissioner had rejected the company's application and asked the tahsildar in 2008 to take over the land and hand it over to the forest department. The company then approached the HC.

With this, a litigation that has been going on between the company and the government since 1974 has been finally decided.