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Legal Review by
Edited by
Updated by
Published on
September 15, 2016
May 17, 2022
Edited on
September 15, 2016
The farmers of Belligere, Bandigudda and other areas in Bhadravathi tehsil in Shimoga district continue to wage a battle to regularise their rights over Bagair Hukum (without permission) lands. The farmers primarily cultivate in a forested area, where the Bandigudda limestone mine is loacted. This mine is controlled by the Visvesvaraya Iron and Steel Plant (VISL) and was set up in 1923. In the 1940s, landless families from central Karnataka, along with migrants from neighbouring Kerala, Tamil Nadu and Maharashtra migrated to Shimoga, prompted by the availability of lands and employment opportunities with VISL. To supplement their meagre income from working at the mines, several workers started farming, growing millets and other crops, and grazing cattle. Meanwhile, the erstwhile princely state of Mysore handed over the ownership of these lands to the British. What used to be multipurpose land came under the bureaucratic institution of forest and revenue departments and led to a dispute over the ownership of the land between the forest department and farmers. The conflict continues till this date. The forest department has labelled the local farmers 'encroachers', with the latter denying this and claiming that they have cultivated these lands for centuries. In 2012, the forest department used bulldozers to clear up the cultivated farmlands to make space for a [prospective plantation](http://The farmers) drive owned by a foreign company. The attempt was met with fierce protest, with a group of [25 women](http://The farmers) from the villages stopping the bulldozers. The police arrested 87 people, most of whom spent 16 days in jail. Clashes like this have been frequent since 1972. The farmers have, therefore, demanded for the lands to be regularised. In 2014, the Karnataka Legislative Assembly adopted the Karnataka Land Revenue (Amendment) Bill, 2014, seeking to extend the deadline for disposing of the applications relating to regularisation of the Bagair Hukum lands by two years. In 2014, there were four lakh applications from farmers that were yet to be cleared by Bagair Hukum committees. In 2016, then Revenue Minister Kagodu Thimmappa stated that the Union government had identified 13 documents for the regularisation of the lands and even if a farmer lacked any of the documents, a proof of residency for 60 years in their respective village would suffice. Additonally, he emphasised that the cultivators could not be evicted until their applications were disposed of. Later, in the same year, speaking to the media, Maruti Manpade, state president of the Karnataka Rajya Raitha Sangha (KRRS), a network of farmerrelated movements spread throughout the state, highlighted how more than 12 lakh applications submitted by farmers to the Land Grant Committees for regularisation of revenue land they were cultivating had been rejected. About seven lakh applications were pending. Some villagers have filed claims under the Forest Rights Act. Where applications have been approved, the rehabilitation process is incomplete. In 2018, the Karnataka government introduced Form 57 for the regularisation of Bagair Hukum land. Farmers could file their applications from October 1, 2018, to March 16, 2019. But many farmers reportedly found it difficult to register their land this way. On May 28, 2019, LCW spoke to a local associate of the KRRS, who said the problem lies mostly with the forest department. When asked if the farmers were aware of the online process introduced by the government to regularise land, the associate said most were not.
Demand for legal recognition of land rights
Complaint against procedural violations
Rural
Common
Forest and Non-Forest, Non-Forest (Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws, Other
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-implementation/violation of FRA
Lack of legal protection over land rights
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Other harassment
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
Residents were subjected to police harassment owing to false cases that were filed against them. In 1972, the forest department allowed the Nilgiri Plantation Group to take over large tracts of agricultural lands to plant trees. The villagers protested, and 15 members were jailed.
Date of Violation
Location of Violation
Nature of Protest
Protests/marches
Government Departments Involved in the Conflict:
Forest Department
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Visvesvaraya Iron and Steel Plant
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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