Petition questions legality of anti-land grabbing law

Court issues notice to State govt.

A view of Karnataka High Court in Bangalore.

The Karnataka Land Grabbing Prohibition (KLGP) Act, 2011, which came into force barely an year ago, will now has to face the test of legality before the High Court of Karnataka, which on Friday ordered issue of notice to the State government on a petition alleging that the new anti-land grabbing law is not just “draconian” but also unconstitutional and was in violation of fundamental and human rights.

A Division Bench comprising Chief Justice Subhro Kamal Mukherjee and Justice P.S. Dinesh Kumar passed the order on a petition filed by Uma Balagavi and B.N. Jayaram, the purchaser and the seller, respectively, of a piece of land measuring 6 acres and 34 guntas situated at Byrathi village, Bengaluru East taluk.

‘Draconian’ law

The KLGP Act does not provide for procedure ensuring just and fair trial of an accused, particularly in the matter of dispute regarding title, it has been contended in the petition that the law is “draconian in its application” as it also has no provision for appeal and revision. Also, the KLGP Act allows suo motu initiation of the proceedings but no procedure is prescribed for such proceedings, it has been claimed in the petition.

As the civil court has already occupied the field of deciding the title of a land in a full-fledged and fair trial in case of illegal occupancy under the Karnataka Land Revenue Act with penal provision, the petitioners claimed that constitution of a special court under KLGP Act to deal with the same issue in a summery trial amounts to violation of Articles 14 (equity before law), 20 (protection in respect of conviction for offence), 21 (protection of life and personal liberty), and 300-A (persons not to be deprived of property save by authority of law).

The land in question was said to be sold by the then government through an auction in 1945 to one Chikka Anneppa and after his death his legal heirs, Mr. Jayaram and his family members, owned the land. The State authorities claimed that it was a government land when Ms. Balagavi applied for transfer of land records to her name after purchasing it in 2007.

Complaint filed

A complaint of land-grabbing was filed despite a judicial order by the Karnataka Appellate Authority in her favour, it has been said in the petition.

Meanwhile, the Bench also stayed the criminal proceedings initiated against the petitioners by the Karnataka Land Grabbing Prohibition Special Court in Bengaluru.