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Implementation of Mulgeni Act stayed by Karnataka HC, says Mulgars Association

Implementation of Mulgeni Act stayed by Karnataka HC, says Mulgars Association


Mangalore Today News Network

Mangaluru, Jan 17,2017:  Reports indicate, ’Mulgars’ and Landowners’ Association has stated that the Karnataka High Court has stayed the Karnataka Conferment of Ownership on Mulgeni or Volamulgeni Tenants Act 2011 and the rules of 2016 framed there under. The association has filed copy of the order of the High Court before the deputy commissioners of DK and Udupi districts to maintain status quo as directed by the HC and not proceed with implementation of the Act and its rules.


HC


Clarence Pais, president of the association told reporters on Jan 11, Wednesday that the Mulgeni Vokkalo Rakshana Vedike in its meeting on January 8 has informed its members that there is no stay against the said Act and Rules. Describing this as blatantly false and in violation of the direction of the High Court, Clarence Pais said the HC has categorically ordered all parties to maintain status quo in this matter and violating it will tantamount to contempt of court orders.

Freida Saldanha, vice-president of the Association said the mulgenidars (tenants) are under the impression that the land given to them is a permanent lease while it is just a perpetual lease. There is no question of permanent lease and there are clauses of forfeiture inbuilt into the lease, she said, adding that practice of perpetual lease or mulgeni as it is referred to locally, is a common practice across India and known by different names in different parts of the country.

DB Mehta, member said association has urged revenue authorities in the two districts not to accept applications under section 5 of the above Act. Land Reforms Act does not apply in this case for it dealt with agriculture property and with agrarian reforms. In many cases, ’varg’ right has been transferred from mulgars to mulgenidars for as less as 1/3rd of market value against government norm of 40% of prevalent property value in case of land acquisition of such property.


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