MYSURU: Hearing an appeal by the developer of a police layout planned at
Lalithadripura
, deputy commissioner
D Randeep
on Wednesday upheld the earlier order of the assistant commissioner, who had voided the transaction of a land parcel in the area.
Randeep subsequently instructed the tahsildar of Mysuru to take possession of the land in question in accordance with the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (prohibition of transfer of land) Act, 1978.
Nanjunde Gowda, the developer, and Sridhar, a contractor, had filed the appeal against the order of the assistant commissioner issued in 2014.
Brief history of the case
RTI activist BN Nagendra questioned the legality of the transfer of the khata for the disputed two acre-land to Nanjunde Gowda and Sridhar. He claimed that the transfer was in violation of the law, since the land in question belonged to the government. The property was sold to an individual called Kalaninga in 1959, on the condition that it wouldn't be sold for a period of 15 years. However, it was sold to a man called Javanaiah in 1973, in violation of the earlier government order.
Mysuru Urban Development Authority
denotified the parcel of land in the name of the
Karnataka Police Housing Cooperative Society
in 2000, which wanted to provide sites to its members.
However, the duo in question got the land registered under their name, and applied for a khata. However, their application for a khata was twice rejected by the tahsildar.
"In 2012, shirestedar Ramesh Babu issued the khata to the two individuals on the same day he heard the case," read Nagendra's petition. The khata was issued without the permission of the tahsildar, assistant commissioner and DC, stated his petition.
The DC said that the provisions concerning prohibition on transfer of some portion of land had been violated twice - in 1973 and 2004 - when transactions had been carried out without prior permission from the government. Consequently, he declared the transfer of land void.
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