Law of the Land: September 2017

Privileges of Farmers and conflicts under Karnataka Land Revenue Act 1964 K G Krishnamurthy

Abstract:

The farmers are the bread winners of the entire other population of the country. They cultivate the land restlessly and provide the food for others and for themselves. The extent of land of this community varies from some Guntas/cents to hectares. They are classified as large, medium and small farmers. Irrespective of this classification they supply the food at lesser price and in some cases without getting the cost of investment. They should be recognised as special class and the government shall provide benefits to these farmers that to small and medium farmers. They are entitled some privileges of forestry, irrigation from water sheds/ponds, canals etc. The land survey and boundary settlements were made a long ago. It is also a requirement to cause these settlements considering the large scale of divisions, acquisitions, unauthorised occupations, movement of farming community to cities or towns in search of employments, deforestations, fluctuations of weather, etc. Here the author makes an attempt high light the privileges provided to the farmers together with conflicts and advancing some remedies for the benefit of the farmers.

Key words: agriculture, agri-forest, Revenue land, farmers’ privileges, land settlement

Privileges and Conflicts under Karnataka Land Revenue Act 1964 K G Krishnamurthy*

Introduction:

The population of the country as well as the world is increasing day by day. This population is dependent on the farmers for their food. The Constitution of India makes it a duty on the part of the Government to ensure food security[1], to organise the agriculture and animal husbandry on modern and scientific lines[2] and to safeguard the forest and environment.[3] It is not only the duty on the part of the government but also the duty of the farmers and the citizens of the country to advance the Directives of the Constitution. The duty on the citizens is not to waste the food and destroy the forest and environment. In terms of the farmers it is the duty to provide nutritious food for the citizenry by not using the chemicals and pesticides in growing the crops on traditional method[4] and not to contaminate the potable water and harm the water source and preserve the forest among the others. The Constitution[5] dictates the government to ensure the Directives and it is on the part of the government to assure cultivable environment for the farmers. In support of, it is on the part of the government to continue the privileges enjoyed by the farmers customarily or through the statutes, orders, regulations or rules recognising the privileges supporting the cultivation of land

Privileges of the farmers:

The farmers are having the fundamental right to cultivate the land [6] which is part of their livelihood. This right is attached with restrictions. The right and restrictions are specified under various statutes like Karnataka Land Revenue Act 1964, Karnataka Land Reforms Act 1961, Karnataka Land Grabbing (Prohibition) Act, Karnataka Land Grant Rules 1969, Karnataka SC/ST (Prohibition of Transfer of certain Land) Act 1978, Protection of Plant Varieties and Farmers’ Rights Act 2001 and many others (each State is having its own pattern of legislations) pertaining to protection of farmers’ rights.

Under Karnataka Land Revenue Act 1964 the farmers, along with others, have the privileges to use public roads etc, standing and flowing waters[7] and revenue exempted uncultivable land[8] (called as Kharab Land), village portion for free pasturage (Gomal land)[9], right to trees in villages to which survey settlement has been introduced[10] or not[11], timber of the road side trees[12].

Under Protection of Plant Varieties and Farmers’ Rights Act 2001the farmers are permitted to save, use, sow, re-sow, exchange, share and sell the farm produce including protected seeds[13] as if practiced before the commencement of the PPVFR Act 2001except the branded seeds.

Along with these, the farmers are attached with certain other privileges for better cultivation of the agricultural land under S.79 of the Karnataka Land Revenue Act 1964. These privileges, subject to conditions, are being enjoyed by the farmers from an immemorial period forming as custom and gradually recognised as well as incorporated under the laws. During the Anglo-Indian Period first it was recognised to have possession and utilise the by-products of forest land (vested in Government) adjacent to the cultivable land in Dakshina Kannada region as Kumki land, Uttara Kannada region as Hadi land and Betta land, Kan and Soppina Betta in Shimoga and Chikkamagalore (Mysore Region), Jamma Land, Kane and Bane land in Kodagu (Coorg) region and Motasthal wet lands in Gulbarga region (Hyderabad area)[14]. The privileges to these lands are enjoyed by the farmers by custom were given a statutory basis through Board Standing Orders of Madras[15] province and Bombay province. It was prohibited to sell or to barter the timber or other forest produce[16] in excess of the order[17] of the Forest Settlement Officer. These privileges still exist[18]. However, the Deputy Commissioner is having authority to convert and grant these lands for other purposes[19]. In many circumstance the possessors utilised these privileged lands for cultivation to secure the livelihood and considered as unauthorised occupants[20].

The question arises is whether these unauthorised occupants are entitled to occupancy rights or not. By virtue of Section 79(2) the Deputy Commissioner is having power to pass order to evict these unauthorised occupants and this is upheld by the courts in State of Mysore v. Chandrashekhara Adiga[21]and in many cases[22]. Recently the Supreme Court has affirmed this view in K Sham Bhat v St. Of Karnataka[23] which created a sensation among the farmers that the Deputy Commissioner will pass order to evict the possessors. By reading the precedents the author’s view is that Section 79(2) authorised the Deputy Commissioner[24] to convert the Kumki and other privileged lands and grant it for other purposes whenever necessitated and not altogether.

Planting of Trees in agricultural land:

The Law prescribes that the occupant or possessor shall plant and maintain not less than one tree per every 10 (ten) acres of land or ten trees per hectare of land, at his cost[25]. This provision was made during period when there was sufficient forest land. Therefore no necessity to plant more trees and even rainfall was sufficient, summer was moderate and winter was fair. However the present era is vice versa. It is to be understood as to the reason behind the Rules. For present, the forest land is a scarcity[26], no sufficient rainfall and the ground water depletion[27] to a greater extent. Such being the case provision will be a redundant and requires amendment or modification to cater the situation.

During 2012 Government of Karnataka has implemented ‘Agriculture forest encouragement scheme’ (Krishi Aranya Protsaha Yojane) popularising afforestation among people, especially the farmers provisioning the encouragement fund of `10/- (per plant) which will be given after a year of planting to farmers who ensures the survival of the plants distributed to them and incentives are given to farmers to encourage them to grow native tree species on their lands.

The Socio-legal Conflict:

With respect the privileged lands it is well known that the farmers have been enjoying the privileges from immemorial time and the same is recognised from time to time. With this recognition the government has created some security in the minds of the farmers and they are enjoying it as if it is of their own. This created a bond between the farmers and the privileged land. The farmers are ignorant of the legal principles as they are busy with their agricultural work. When problem arises then only they think of the legal provisions.

Further, the kumki, Haadi, soppinabetta lands, etc. have contributed much for the livelihood of the farmers. To a greater extent they are levelled, the trees and plants are regularly trimmed, the land were ploughed and grown various crops depending on the feasibility to achieve the livelihood. Now the globalisation, liberalisation etc are playing their role in every filed including the agriculture putting it on high risk. There is scarcity of agricultural labourers ( if available labour charge is very high) and farmers are forced to purchase highly expensive modern machines to do their agricultural work. Again the weather and monsoon withered to great extent putting the farmers at loss and their livelihood is under a pathetic condition as they have no other occupation.

Again the farmers agricultural loans are increasing and they are under indebtedness[28] because of low yield due to weather fluctuations and natural calamities, etc. and by the time they take their product to the market the price will be lowered. The middlemen here play their role to make themselves a good profit threatening the livelihood of the farmers. Apart from this the industrialisation and real estate industry have causing more in reduction of agricultural lands. These have raised the conflict within the agriculture, right to livelihood of the farmers and the food security[29] of the nation as a whole.

The young generation of the farmers’ community is moving towards towns and cities in search of job and showing a least interest in agriculture because of low price for the products grown, fluctuating climatic conditions, excess cost over income, education and other opportunities and others. The government is having a duty to ensure food security[30] of the citizens, secure the social order and promote the welfare of the people[31]. Certain policy is required to promote agriculture than providing free benefits like Anna Bhagya, Tali Bhagya, etc. The government shall see that the citizens should work and earn their food. To avoid the risk in agriculture the author has suggested[32] extending the Crop Insurance Scheme to all categories of agricultural crops. The recent decision[33] of the government to include areca nut and pepper with other crops under weather based Crop Insurance Scheme is an affirmative action[34] to promote the agriculture[35].

In this context the occupants of the privileged or unprivileged lands are protected and not to be evicted by executing the power conferred under S.79 of Karnataka Land Revenue Act and other laws. The farmers’ right to livelihood under Article 21 of the Constitution will be violated, if evicted, as they are finding their livelihood cultivating or getting assistance for cultivation for a long period of time. The government being the guardian of fundamental rights of the farmers shall see that occupancy right is granted to farmers with respect the land in their occupation within the ceiling limit[36].

It may be noted here that the Karnataka Government has considered the holders of Jamma-bane land privileged and un-privileged , umbli land in Coorg District as ‘Occupants’[37] of the such land. This may be extended to all the privileged and unprivileged lands within the State. This should not be without condition that the agricultural process in the forest land or the land vested in the government shall not be extended further without prior permission of the government which may be granted with due consideration of protection of climatic conditions, preservation of springs and streams, protection of fauna and flora and also providing assistance for agriculture.

Remedy suggested and conclusion:

The author is of the opinion that to sustain the agriculture and the environment it is to be made that, for example, there shall be 5 acres of forest land per 2.5 hectares of agricultural land irrespective of any region (except the places where plantation and garden crops are being grown in the Malnad region) within the territory of Karnataka, by causing suitable amendment to the said provision under the Karnataka Land grant Rules 1969. This helps the agriculturists to have by-products of forest and cultivate the land with natural fertilizers. The following diagram 1 and 2 suggests this possibility:

Diagram 1

A	B
C	D

In this diagram A, B, C and D, shaded in Light Green, are agricultural land with 2.5 hectares each and in toto it is 10 hectares and the land in the middle, shaded in blue, measured about 20 acres comprising 5 acres from each of A, B, C and D shall be forest land.

Diagram 2

A	B	B	A	A	B	B	A
A	B	B	A	A	B	B	A
A	B	B	A	A	B	B	A

In Diagram 2 the light green areas (marked as A) are cultivable lands and the Blue areas (marked as B) are the forest land with same measurements as suggested in Diagram 1.

The forest land, so suggested in the diagrams, shall be within the ownership of agriculturists[38] to their extent with conditions that the-

i) possessor shall maintain the forest land and also shall pay nominal tax,

ii) if not maintained possessor shall be liable to pay penalty that may be prescribed at an higher rate and for such years which shall be utilised to restore the forest land,

iii) possessor is privileged to use the forest produces for domestic and agricultural purposes,

iv) possessor shall obtain licence on payment of nominal fee to cut down the tree from forest department on recommendation ( after due verification) of Tahsildar of the area,

v) as a measure of compensation the farmer shall plant at least one seedling of similar tree which is cut down within one month of cutting the tree,

vi) In case the possessor cut down the tree without licence he shall be liable for penalty to the extent of value of the tree and liable to plant seedlings of the same tree.

This may be adapted not only in the Malnad region but also in the semi-malnad and Plain regions of the State. The existing forest area should not be touched except a small portion invested for granting of occupancy rights to ensure growth of agriculture as against the growth of industry. By this draught in the State may be controlled gradually, green belt area are will be raised and forestry of 33% of geographical land[39] of the country as planned in the National Forest Policy may also be achieved.

In the opinion of the author, in the growing population it is important to conserve and protect the potential farmlands, forest land (a national asset[40]), water level on the earth, and fauna and flora. The government should ensure the developmental projects in areas other than productive agricultural land and enact policies to reduce the loss of agricultural land. The farmers with productive agriculture land should be economically compensated to keep their land agriculturally active than selling it to developmental projects. By this the right to livelihood of the farmers will be achieved to greater extent making them to lead their dignified life with other counterparts.

*****

* Research Scholar, Dept of Law, Kuvempu University, Shankaraghatta, Shivamogga and Principal, Vivekananda Law College, Puttur, Karnataka

[1] National Food Security Act 2013 brought into force effecting the Article 47 of the constitution

[2] Article 48

[3] Article 48A

[4] T.N. Godavarman Thirumalpad v. Union of India (UOI) MANU/SC/1993/2006, (2006)10 SCC 480

[5] Part IV of the Constitution

[6] Bhusawal Municipal Council v. Nivrutti Ramachandra Phalak 2014 (2) AWC 1407; MANU/SC/1336/2013

[7] S.67(1) of Karnataka Land Revenue Act 1964

[8] Soudagar Rasul v. State of Karnataka ILR 1973 Kar 56

[9] S.71 of Kar. Land Rev.Act 1964

[10] S.75 ibid, except reserved trees

[11] S.74 ibid

[12] S.77 ibid

[13] S.39(1)(iv) of PPVFRA 2001

[14] S.79(2) Kar. Land Rev. Act 1964

[15] BSO No.15 (Rule 40) of 1896

[16] S. 23 of the Indian Forest Act 1878

[17] S.13 of the Indian Forest Act 1878

[18] S.79(2) of Kar.Land Rev.Act 1964

[19] S.79(2) ibid

[20] BSO 15(40) of Madras Presidency; S.94B of Kar.Land Revenue Act 1964

[21] AIR 1976 SC 853

[22] K sham Bhat v. St. of Karnataka AIR 2003 Kant 403, Rajeevi Shedthi v. Secretary Dr. B R Ambedkar Samaja Seva Sangha 2000 (2) Kar.LJ 264, Devakumarashetty v. St. of Karnataka 1998(4) Kar.LJ 459 (DB), Abdul Mazeed v. St. of Karnataka ILR 1997 Kar 2478, and other cases

[23] Decided on 4-1-2016

[24] State Government has delegated the power under s.195 of the Kar. Land Rev. Act 1964

[25] Rule 9(1)(iva) Karnataka Land Grant Rules 1969; also see, S.12 of The Karnataka Tree Preservation Act 1976

[26] The Hind Dated 10-04-2016 reports that there is increase (0.79%) in the forest area in the State of Karnataka when compared with the 2013 figures was 289 sq. km. But India Today (December 7,2015) report that around 2,510 square kilometre of very dense and mid-dense forests have been wiped out since 2013

[27] http://www.newindianexpress.com/cities/bengaluru/Drought-in-North-Karnataka-South-Overuses-Ground-Water-Resources/2016/03/10/article3319620.ece

[28] The total outstanding farm loan during the financial year of 2015 was ` 754,900 crore. See for details, http://www.firstpost.com/business/farm-lending-in-india-is-a-puzzle-fm-must-solve-it-before-giving-targets-for-banks-2143177.html

[29] the loss of agricultural land to urbanization, aided by insufficient planning for food supply lines, will place a severe constraint on the country’s future food security - United Nations Convention on Biological Diversity (CBD)(2012) : http://www.livemint.com/Politics/ZRFNp9zjIj3iCSIRbcFnRI/Loss-of-farming-land-to-hit-future-food-security-UN.html

[30] Article 47 of the Constitution

[31] Article 38

[32] https://www.academia.edu/10403279/RISK_MANAGEMENT_IN_AGRICULTURE_-A_REVIEW_OF_THE_CROP_INSURANCE

[33] http://www.thehindu.com/news/cities/Mangalore/arecanut-pepper-under-weatherbased-crop-insurance-scheme/article8730486.ece

[34] See the views of this author at https://www.academia.edu/10403279/RISK_MANAGEMENT_IN_AGRICULTURE_-A_REVIEW_OF_THE_CROP_INSURANCE_SCHEMES

[35] Kedari v. State of Karnataka AIR 2003 Kant 157

[36] S.63 of the Kar. Land Reforms Act 1961

[37] Amendment caused to S.2(20) and s. 80 by The Karnataka Land Revenue (Third Amendment) Act 2011

[38] Strategized in National Forest policy 1988 at 4.2.2

[39] Ibid at 4.1

[40] ibid at 4.4.1

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