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N. S. SANJAY GOWDA
Shivappa S/o. Prabhappa Mugalolli – Appellant
Versus
General Manager, Upper Krishna Project – Respondent
ORDER :
1. Since common questions of law and fact are involved in these writ petitions, they are clubbed together and are disposed off by this common order.
2. In these writ petitions, the issue to be decided is whether the lands, which are classified as phot kharab lands, (also referred to as ‘Pot’/ ‘Phut’) are owned by the Hiduvalidararu or by the State.
3. The facts are rather simple.
4. In the year 1995-96, the lands belonging to the petitioners were to be submerged due to the execution of the Upper Krishna Project and were hence notified for acquisition. An award was also passed in respect of the lands determining the compensation, to which the petitioners were entitled. However, while determining the compensation payable, the Special Land Acquisition Officer (‘SLAO’ for short) did not award any compensation to that portion of the land, which had been classified as phot kharab.
5. As the claim made by the petitioners remained unconsidered, writ petitions were filed. This Court issued a direction to the SLAO to consider the claim of the petitioners and thereupon the SLAO considered the claims and issued the impugned endorsements.
6. The impugned endorsements state that the petitioner
Section 83 of Act indicates manner in which land is required to be assessed and states that land revenue leviable shall be assessed with reference to use of land for purpose of agriculture.
Only conversion charges can be levied for converting 'A' kharab land to non-agricultural use, not market value, as established by the court's interpretation of relevant statutes.
The court affirmed that lands classified as Shamlat Deh cannot be claimed for exclusive ownership without sufficient evidence of independent cultivation prior to 1950.
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