Right of easement on ‘B Kharab’ land cannot be blocked: HC

NT Correspondent

Bengaluru: The High Court of Karnataka has held that “kaaludaari” (right of easement) in a property designated as ‘B Kharab’ is not extinguished just because the said land has been acquired for other purposes.

The Agricultural Producer Market Committee (APMC), Gubbi approached the High Court against the notice of the local Thasildar to keep the ‘B Kharab’ land designated for ‘kaludari’ free from any obstruction.

The Thasildar had found a compound wall being constructed which prevented people from using the pathway. Dismissing the petition, Justice Suraj Govindaraj said, “The petitioner cannot encroach or enclose any land reserved for public use in terms of Section 67 without following the procedure under Section 68 of the Karnataka Land Revenue Act, 1964. Hence, I am of the considered opinion that the petitioner is not entitled to the reliefs which are sought for.”

The HC dismissed the contention of the advocate for the APMC that the right of easement is extimguished when the land is acquired.

“In so far as the land reserved for a park, road, etc., like a ‘kaludari’ or Bandi Jadu the said land always vested with a State but with a right of public and individuals being recognized therein. In that background, I am unable to agree with contention of Sri.T.Swaroop learned counsel for the petitioner that upon the acquisition of land the right of the public to use a pathway or a ‘kaludari’ would stand extinguished and that the APMC was entitled to make use of the entire land,” the HC said in its December 12, 2023 judgement.

Even the Government submitted in the Court that the right to the public use of the land will continue. The HC recorded, “In the present case there is only an acquisition notification which has been issued and the procedure under Section 68 has not been followed by the State. In fact, the contention of the State is that the said demarcation or reservation of the land for public use has not been disturbed and the public would continue to have a right to use the said Kharab land.”

The locals had opposed the APMC putting up a compound on the said land on contention that “The said ‘kaludari’ connects the Chellur road to a village and it is the villagers who make use of the ‘kaludrai’ to access the main road which is now sought to be blocked by APMC and the Thashildhar has rightly indicated that such right cannot be extinguished by the petitioner’s by putting up a compound wall.” (WP 13483/2022)