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### BDA DIRTY POLITICS: KERE AND KATTE & TANKS CANNOT BE USED TO FORM LAYOUT

BDA DIRTY POLITICS: KERE AND KATTE & TANKS CANNOT BE USED TO FORM LAYOUT

By: M.S.Yatnatti: Editor and Video Journalist Bangaluru : BDA and Special DC Bangalore plays dirty property politics in respect of survey Number 66ofKodigehalliBangalore North Taluka. If it is kere it is private kere and if Government wants to use it let they pay compensation to original owners and BDA should not be allowed to make any layout. If BDA think that its agricultural land then let it pay compensation to farmers who own the land in question and in any case land cannot be used by government and BDA without paying any compensation .BDA commissioner and Land acquisition officers were requested by farmers and original owners of survey Number 66ofKodigehalliBangalore North Talukato pay compensation for 12 acres of land as they are in possession and they are the real owners as per the order Revenue Commissioner in No.RA 276/42-43Dated 20-11-1944.But But BDA is misusing its powers and tress passing in the kere katte land without paying compensation and which was privately owned : Special DC Bangalorestatesin respect of survey Number 66ofKodigehalliBangalore North Talukait is Government tank and Farmers state as per No.RA 276/42-43Dated 20-11-1944., it was private tank constructed in their own land with loans from maharaja Government and Tank was dilapidated after long use and it naturally became again agricultural landand BDA is using this kere katte area for Kemegowda layout without paying any compensation to original owners. Original owners contention is survey Number 66ofKodigehalliBangalore North Taluka was private tank and agricultural land since 1944 as tank built was washed away and it became agricultural land belonging to Narsimaha Nayaka s/o Seebanayaka and their legal heirs.

Prime Minister Narendar Modi and Chief Minister of Karnataka Sri Siddaramaih are requested to help the hope less farmers who are facing problems. It is pertinent to note as per the provisions of the Mysore Revenue Manual relied on by the farmers . Section IV thereof related to "Private enterprise tanks". Para 236(b) stated that there were about 318 private enterprise tanks in the State. Para 376 of the Manual deals with construction of Saguvali Kattes (irrigation tanks) by the landholders . In Karnataka there were government kere katte and there are private kere katte constructed in their private lands and paying partial remission of their assessed land revenue and both type of kere katte private and government both exists .Few people habitually see red in every aspect of work and culture .Reportedly and allegedly few f them take on the subject without knowing complete details of the subject and one subject is about lake .Nobody is against the Kere Dharma .You save kere and katte and it is duty of state to save the environment .But it is only question of who owns this kere katte .It is am undisputed fact that many farmers had built Kere Katte for irrigation of their own lands and they have taken loans from them Mharaja Government in Mysore and nobody can deny such historical facts and records .

It is pertinent to note thatparas 236(b) and 376 of the Mysore Revenue Manual in support of their contention that private tanks existed in the State of Mysore and that the State Government recognized the natural right of private individuals to construct and own tanks. The farmers contended that when the records maintained by the Government in the usual course of business, showed a particular tank as private', it was a clear admission that the tank was not a government tank but was privately owned. It is pertinent to note the provisions of the Mysore Revenue Manual relied on by the farmers . Section IV thereof related to "Private enterprise tanks". Para 236(b) stated that there were about 318 private enterprise tanks in the State. Para 376 of the Manual deals with construction of Saguvali Kattes (irrigation tanks) by the landholders, the relevant extract of which is extracted below : "376 (1). The right of land-holders to construct "Saguvali Kattes" on their own lands is not affected by :- (a) Section XX, paragraph 13 of the Rules of 1890 under the Land Revenue code, which relates to the construction of private tanks on Government unoccupied land: or (b) Appendix F to the said Rules, which relates to the restoration by private individuals of Government tanks and wells long in disuse.(2) Private individuals have the natural right to construct tanks on their own lands (Kandayam or Inam), so long as they do not thereby materially diminish the water flowing in defined channels through their lands for the benefit of Government works and private proprietors lower down such channels.

Para 236 shows that a private land on being converted into a private tank would not get full exemption or remission from payment of land assessment, but was extended only a partial remission. In fact, if a tank was constructed on a private land, the land would be continued to be assessed to land revenue with appropriate partial remission. On the other hand, if it is a Government unoccupied land on which a private individual is permitted to construct the tank, it will continue to be shown as Government kharab land and will not be subjected to any land revenue. A careful reading of para 376 of the Manual shows that a private tank can be constructed by a private individual, either in his own land or on Government unoccupied land. It also shows that private individuals may restore Government tanks. Therefore it follows that when a tank is described as private' in the tank register, that by itself will not establish that the land where the tank is situated is private land. To put it differently, when a tank enumerated in the Tank register maintained by the government, adds to the description of the tank, by the word `private', it merely shows that the tank in question had been constructed by a private individual but it does not lead to the inference that the land on which the tank is constructed belonged to a private individual.