H.R.SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On 11/4/1942, the then General and Revenue Department of the Government of Mysore, issued an order in the background of the fact that there was a shortage in the production of food and fodder. In order to incentivise and increase the production, it was decided to put the unoccupied irrigateable lands, which had not been put to cultivation, to use by permitting the Deputy Commissioner to lease them out for a period of not exceeding three years, with concession in the payment of assessment to facilitate temporary cultivation of paddy. The order also stated that the persons who would bring the lands under cultivation would also have the option of purchasing the lands for a reasonable upset price at the end of the period of lease.

(2.) On 13/6/1942, i.e., about two months from the aforementioned order, the Government issued another order, taking note of the fact that the farmers were not enthused about the prospect of taking the lands on lease only for three years and in making considerable investments, since they apprehended that they would be called upon to pay an upset price on the basis of the improvements that they had made to the land. By this order, the Government made it clear that the upset price to be fixed would not exceed the market value of the land at the time it had been given out for cultivation and if possible, the upset price should be intimated to them, in advance i.e., when permission was granted to them to cultivate the lands.

(3.) On 30/6/1942 i.e., within about 17 days of the aforementioned order, the Government issued another order sanctioning further concessions in the matter of tenure of the lease and payment of assessment. The Government decided to grant tenure of five years for the lease and stated that the first two years would be free of assessment, the third and fourth years would be half assessment and the fifth year would be full assessment.