Kumki rights are not pre-existing and can be curtailed, abridged or taken away by the competent authority in a given case, rules Karnataka High Court.
A division bench comprising Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum made this observation while rejecting a writ appeal filed by two farmers from Dakshina Kannada district.Kumki lands are basically government lands, adjacent to agricultural ones owned by farmers. From pre-Independence era, these farmers have the right to use fodder, wood, agriculture and forestry produce grown or available on such (kumki) lands.
“The appellants by seeking kumki rights are intending to enlarge their extent of land-holding. Therefore, the said right is not absolute and is rightly declined in the present case, considering public interest at large. The state (government) with a noble cause resolved to provide housing sites to weaker sections of society and when a public interest at large is pitted against an individual’s cause, public interest has to prevail,” the division bench observed while upholding the February 6, 2021 order passed by the single bench.
Appellants Chandrahasa Bhandary and Abdul Kareem, both residents of Belma village, Mangaluru taluk, had claimed when their application seeking regularisation of kumki rights was pending, the deputy commissioner had issued a notice, saying their rights no longer exist there as the government had resolved to form housing sites on government lands to allot them under Ashraya Scheme to weaker sections of society.
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