Farmers Movement Archive

HC rider on transactions under farm land ordinance

The High Court of Karnataka on Tuesday said that any further steps taken based on the Karnataka Land Reforms (Second Amendment) Ordinance, 2020, promulgated on November 2 to ease the norms on purchase of farm land by non-agriculturists, would be subject to further orders to be passed by the court. The court also directed the State government to notify this to the parties concerned with such transactions. It was hearing a batch of PIL petitions questioning the constitutional validity of the Ordinance. A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice S. Vishwajith Shetty passed the interim order while hearing petitions filed by Karnataka Rajya Raitha Sangha, Hasiru Sene, All -India Kisan Sabha, Bharatiya Kisan Sangha, Karnataka Pradesh, Hind Mazdoor Kisan Panchayat, and others. The Bench said it could not pass an interim order staying an Ordinance, which has the safe force of enactment by a legislature, in view of the apex court’s judgments. The Bench stated that the court could not pass an order restraining the legislature from taking up a Bill placed before it and also could not direct the Governor not to take further action on the basis of a Bill passed by both Houses of legislature. Raising several legal issues, the petitioners contended that the amendments would affect the farming community, particularly small farmers. They said the removal of restrictions would result in private companies taking over agricultural lands and later converting them for non-agricultural purposes as no ceiling was fixed in the Ordinance for purchase by private entities. The Ordinance amended the Karnataka Land Reforms Act, 1961, which had imposed severe restrictions on the purchase of agricultural lands, making it difficult for persons without such lands to purchase them.

The Hindu

2020-12-23

Bengaluru