NANJUNDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra-court Appeal seeks to call in question a learned Single Judge's order dtd. 14/9/2022, whereby Appellants' W.P.No.38241/2015 (LA-KIADB) having been negatived their request for payment of compensation for the taking of subject-land has not been acceded to.

(2.) Having heard the learned counsel for the parties and having perused the Appeal papers, we decline indulgence in the matter broadly agreeing with the observations of the learned Single Judge at paragraph 8 of the impugned order which read as under: "8. Having taken note of the fact that the land in question has been given to the ancestors of petitioners, only for the purpose of growing trees and the ownership of the land vests with the Government, I do not find any acceptable ground to interfere with the impugned endorsement issued by the respondent-KIADB. However, taking into consideration the law declared by Hon'ble Apex Court in the case of M.S. SESHAGIRI RAO (supra), while assessing the compensation payable to petitioners herein, the petitioners are entitled for compensation only in respect of trees grown in the subject land. With the said observation, writ petition stands disposed of."

(3.) The learned Single Judge having examined all the Revenue Records and the so-called Grant Order has rightly come to a conclusion that the subject-land as such has not been granted, although only right to grow trees is accorded. In the case of Grant, ordinarily title to the land vests in the Grantee, at times subject to certain conditions violation of which may result into rescinding of the Grant. However, grant of only a right to grow trees on the land cannot be treated as the grant of land itself. The so-called Grant order reads as under: <IMG>JUDGEMENT_61_LAWS(KAR)1_2024_1.jpg</IMG>