YELLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Umcsh R. Malimath, learned counsel for the petitioner.

(2.) The order made by this Court on 22-10-1990 is recalled.

(3.) It is not in dispute that the land bearing R.S. No. 172 of Gopanakoppa Village,Hubli Taluk, Dharwad District, came to be granted in favour of Sri Yellappa, the petitioner herein, by order dated 11-8-1971 made by the competent authority. The said grant is made under the provisions of Rule 102-A of the Karnataka Land Revenue Rules, 1965. For the purpose of convenience the said rule is extracted here under:- Planting of trees by private persons on Government Lands-(l) The Deputy Commissioner may subject to the following conditions, grant permission to any person to plant and grow trees on lands vesting in the State Government, in any village namely- (i) the grantee and his successor in interest (hereinafter referred to as "Hakdar") shall be entitled only to the usufruct of such trees and not to any other right over the trees or lands on which they are planted; (ii) fee of twenty paisc per annum for every tree planted shall be paid as ground rent; (iii) the Hakdar shall raise trees within two years from the date, the permission is granted; (iv) the Hakdar shall not do any act which is destructive or permanently injurious to the land; (v) the Hakdar shall not interfere with any existing or customary rights of the public or of owners of adjoining land over such land; (vi) the permission will be liable to be cancelled for contravention of any of the above conditions and the Hakdar shall not be entitled to any amount for such cancellation. (vii) the Hakdar shall not be entitled to any amount when such trees have to be removed for widening of roads or for other public purposes or when the land is disposed of under the Karnataka Land Grant Rules, 1969. If the trees are to be removed for any of the said purposes the Hakdar may be allowed to remove the trees of his own cost. (2) In cases where trees have already been raised by any person on the lands vesting in Government prior to the coming into force of these rules, the persons concerned may apply to the Deputy Commissioner for grant of permission to collect the usufruct of such trees. If the Deputy Commissioner is satisfied that such person has raised the trees and is of the opinion that the grant of permission is not objectionable he may grant permission to such person to collect the usufruct of such trees subject to the conditions mentioned in sub-rule (1): Provided that the ground rent in respect of such trees shall be paid from the dale of their planting. (3) A register called "to&Z$Q nd*i&jt" in respect of such trees for each village shall be maintained wherein a record shall be made of the trees already existing on the land and of the permission hereafter granted to the Hakdar for raising the trees. The register shall be preserved in the Taluk Office. (4) The Register shall be checked by the Tahsildar at least once in a year.