Karnataka
,
Nagalamadike
,
Tumkur
Published :
Sep 2018
|
Updated :
30 Families in Karnataka's Tumkur Fight against Land Eviction by Government
Reported by
Elizabeth Mani
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
144
People affected
2014
Year started
6
Land area affected
Households affected
144
People Affected
2014
Year started
6
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

More than 30 families in Nagalamadike village in Tumkur district have been fighting since 2014 against land eviction by the Muzrai department, a government department responsible for the monitoring of temples and religious institutions in the state. The department operates under the Karnataka Hindu Religious Institutions and Charitable Endowment (Amended) Act, 2011. In May 2014, the department sent a notice to the village residents that the 15acre land on which they had built houses belonged to the government. However, the residents claimed that the land was allotted to them 20 years ago by the Nagalamadike panchayat to build houses and that they had been paying property tax for the last 20 years. According to the website of the Karnataka Public Lands Corporation Limited, the families have encroached government land as they do not have title deeds to the allotted land. While panchayat officials claim they are against the eviction, the village residents have accused them of siding with the government.  One of the residents, who did not wish to be named, told LCW that the panchayat had been making fake promises to the residents, assuring them of protection against eviction. "In 2016, the Muzrai department tried to evict us, and no one came to our rescue. We have submitted several petitions to the tehsil officer, and we will keep fighting until we get a permanent solution." Panchayat Development Officer B. Narasimmappa told LCW that he was doing everything in his power to stop the eviction by the government. "The Muzrai department has agreed to give titles to the people who claim ownership over the 15 acres of land. We are waiting for the paperwork to be done, he said. However, the Muzrai department has only given a verbal assurance of providing land titles. No formal announcement has been made in this regard.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Non-Forest (Other than 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?

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?

4
Additional Information

Government Departments Involved in the Conflict:

Muzrai Department, Nagalamadike panchayat

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

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?

Legal Supporting Documents

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Author
Reported by
Elizabeth Mani
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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Complaint against procedural violations

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

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

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