Karnataka
,
Bandigudda, Belligere
,
Shivamogga
Published :
Sep 2016
|
Updated :
Farmers in Karnataka's Bandigudda Demand Regularisation of Bagair Hukum Land
Reported by
Deepak C N
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
336
People affected
1972
Year started
40
Land area affected
Households affected
336
People Affected
1972
Year started
40
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Non-Commercial Agriculture
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Non-Commercial Agriculture
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

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. 

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

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?

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:

Forest Department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

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:

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
Deepak C N
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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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