.png)
Bengaluru: In a landmark decision, the High Court of Karnataka has upheld the constitutional validity of the Karnataka Land Revenue (Third Amendment) Act, 2011, affirming that the amendment is in the best interests of Kodava families. The court's ruling clarifies that the amendment enhances ownership rights over Jamma Bane land in Kodagu district, rather than disrupting Kodava traditions.
According to a report published in The Hindu, Justice Suraj Govindaraj, delivering the verdict on July 25, stated, “The amendment grants full ownership of the land to Kodava families, including all division holders, whereas previously, the land was vested with the government.” He emphasized that this change aligns with, rather than contravenes, Kodava customs and traditions.
The court's ruling dismissed petitions filed by Brigadier Maletira A. Devaiah (retd) and 42 other Kodavas, who had challenged the amendment to Sections 2 and 80 of the Karnataka Land Revenue (KLR) Act, 1964. The petitioners argued that the amendment would disrupt the Kodava family system by necessitating land division, which they believed would conflict with their joint family customs.
In reviewing the historical context and judicial precedents related to Jamma Bane landholding, the court concluded that there has never been a blanket prohibition against partitioning or alienating property within Kodava families. Justice Govindaraj noted, “The classification of Jamma Bane land is based on land tenure rather than Kodava customs.”
The court further asserted that statutory amendments, such as the one in question, cannot be challenged merely on the grounds of violating customs or traditions, referencing laws on child marriage and dowry as precedents.
The ruling also highlighted that the amendment brings equality by allowing Kodavas to apply for regularization or occupancy rights for Jamma Bane land, a privilege previously unavailable to them. This new provision corrects the disparity faced by Kodavas compared to other land occupants in the state.
The court clarified that while the amendment does not mandate land partition among Kodava family members, it requires the entire family to be listed in land records as the rightful occupants. The change ensures that Kodava families now hold full ownership of the land, including associated resources like timber and trees, which were previously under government control.
This decision marks a significant shift in land rights for Kodava families, reinforcing their ownership and aligning legal provisions with evolving social and economic needs.
To advertise on The Kodagu Express website, kindly give us a call or WhatsApp at 9108795369
Join The Kodagu Express WhatsApp Group: CLICK HERE
Follow us on Instagram and X(Twitter)
Comments