The Karnataka High Court has ruled that regularising an unauthorised occupation of land, even if it involves a person from the SC/ST community, does not classify the land as “granted land” under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act (PTCL Act). The Court also clarified that no proceedings for resumption or restitution can be initiated under the PTCL Act when land is regularized under the Karnataka Land Revenue (KLR) Act.
The case was filed by Kumari, a resident of Kallapura village in Bhadravathi taluk, Shivamogga district, who challenged an order to resume and restore land she acquired through a registered will from Goniyappa, a scheduled caste member. The land, measuring 1.20 acres, was regularized on December 26, 2002, after Goniyappa’s unauthorised occupation was approved by the Committee for regularizing such occupations. Goniyappa bequeathed the land to Kumari in a will executed in 2009.
Goniyappa’s son, Rangappa, contested the will, and later filed an application under the PTCL Act to seek resumption and restoration of the land. The Deputy Commissioner upheld the restoration order in 2022. However, Kumari argued that since the land was regularized for Goniyappa’s unauthorised occupation and not as a grant due to his SC/ST status, it could not be considered a “granted land” under the PTCL Act.
Justice N S Sanjay Gowda ruled that land regularised under the KLR Act is not considered “granted land” under the PTCL Act, and therefore, proceedings for resumption initiated by Rangappa were without jurisdiction. The Court quashed the resumption order, reaffirming the distinction between regularized land and granted land under the PTCL Act.
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