The Hindu : Karnataka News : Meeting resolves to oppose `misreading' of rules

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Monday, Oct 18, 2004

Karnataka

Karnataka - Others

Meeting resolves to oppose `misreading' of rules

By Our Staff Correspondent

VIRAJPET, OCT. 17. Senior political leaders, farmers, coffee growers and "jamma" land tenure holders in Kodagu, on Saturday, resolved to oppose the moves of certain Forest Department officials who had tried to misinterpret rules saying "bane" lands (attached to "jamma" lands) were forests.

The RTC (record of rights of lands) entries were fraught with errors and the anomalies should be corrected, they resolved at a meeting convened by the Akhila Kodava Samaja here. The former MLCs, A.K. Subbaiah and M.C. Nanaiah, the MLC, C.S. Arun Machaiah, the president of the Kodagu Gowda Samaja, T.M. Nanaiah, a representative of the Karnataka Pradesh Krishika Samaja, N. Mahabaleshwar Bhat, and a legal expert, M.A. Uthappa, attended the meeting.

Mr. Subbaiah criticised a Conservator of Forests, who has since been transferred, for coming out with a circular stating that "bane" lands were forests. On the contrary, the High Court of Karnataka had passed an order (Chekkera Poovaiah case) in the 1990s that all "bane" lands in Kodagu could be alienated. Alienation meant that "bane" lands could either be sold or cultivated without permission from the Government.

`Bane' land

Once cultivated, the "bane" land should be brought under assessment by the Revenue Department. Such a thing provided occupancy right to the cultivators and such lands would get converted into "paradeena" lands. It meant that the cultivator would not only have rights over the land but also over trees.

Mr. Subbaiah, however, said the Government should be persuaded to come out with a clarification on the ownership over tree on "paradeena" lands with retrospective effect as the order stated that a "paradeena" land holder could exercise right over trees grown on the land only after the land became "paradeena".

He said the entries being made in the RTCs were erroneous and the Government should take steps to correct them. A corrected RTC would provide solutions to all problems regarding "bane" lands and also tree rights. To a question, he replied that certain privileges that existed in the past continued. For instance, a "jamma" tenure holder was eligible for exemption from holding gun licence.

Act

The Karnataka Land Revenue Act (KLRA) of 1964 had come into being in Kodagu and the landholder automatically enjoyed land rights and subsequently over trees as was the practise in the other districts, Mr. Subbaiah said. He and Mr. M.C. Nanaiah clarified a series of questions put by T.C. Thammaiah, a retired tahsildar and K.G. Uthappa, advocate, on the issues of land tenures. After the Act was brought into force, all forms of land tenures had been done away with in Kodagu, he said.

Mr. M.C. Nanaiah, who endorsed the views of Mr. Subbaiah, allayed the apprehensions that according tree rights would destroy forests in Kodagu. Even after securing rights over trees, felling would be subject to conditions laid down under the Tree Protection Act. There was no restriction on cultivating "bane" lands and permission was not required (to do so) from any authority. He and Mr. Subbaiah concurred with the idea that the Government should either clear the confusion by issuing an order or bring in amendments, if necessary.

Committee

Mr. Nanaiah suggested that a committee comprising the elected representatives and leaders from all communities should be formed to take the issue to the Chief Minister, N. Dharam Singh, and the Revenue Minister, M.P. Prakash, after the proposed farmers rally here on October 29.

Referring to the visit of the Central Empowered Committee to assess the situation in the four rubber plantations in the district, Mr. Nanaiah said some one had given a wrong notion about the "bane" land issue to the committee.

Mr. T.M. Nanaiah favoured an early resolution of the "bane" land. The elected representatives should have handled the issue deftly in the past.

Mr. Mahabaleshwar Bhat said the "bane" land issue was a question of the existence of the people concerning their land and soil. Politics should not come in the way of protecting it.

The president of the Akhila Kodava Samaja, Matanda C. Monnappa, who presided over the meeting, appealed to confine the issue to "bane" lands only and not mix it up with the coffee agitation.

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