Karnataka High Court stays SIT probe into land grabbing allegations against HD Kumaraswamy

The Karnataka High Court on Thursday passed an interim order staying the operation of a special investigation team (SIT) set up by the Karnataka government to investigate allegations of land encroachment against former Chief Minister and present Union Minister of Heavy Industries and Steel, HD Kumaraswamy [HD Kumaraswamy v. State of Karnataka and anr]..Justice ES Indiresh passed the order on a plea by Kumaraswamy who moved the Court against the Government Order (GO) constituting the SIT.The Court has also stayed a summons issued to Kumaraswamy in connection with the same matter by the revenue authorities. .The case concerns certain parcels of land that Kumaraswamy claims he has full ownership of in Kethiganahalli village, Bidadi Hobli, Ramanagara. Kumaraswamy contended that he acquired it in 1985 under various sale deeds. In January this year, the State set up an SIT to probe allegations that Kumaraswamy had engaged in land grabbing to take control of these lands. The SIT was set up following the High Court's directives in a contempt case initiated in 2020 over allegations that the State had failed to take action against those who had encroached on government land. In March this year, Kumaraswamy was issued a notice stating that a re-survey of the land in Kethiganahalli would be conducted. An eviction notice was later issued, which Kumaraswamy challenged before the High Court in another petition. Through that petition, he also challenged the validity of Section 104 of the Karnataka Land Revenue Act. Section 104 empowers the State authorities summarily evict people found to be illegally occupying land..In the latest plea, Kumaraswamy pointed out that all these actions - from the land resurvey to the eviction notice - were taken pursuant to High Court directives in the 2020 contempt case to which he was not a party earlier.The High Court later (in April) had added him as a party to the contempt case. However, Kumaraswamy said that this was done without first issuing him a necessary show cause notice. He said that he has approached the Bench hearing the contempt case with with an application on this issue. .Meanwhile, Kumaraswamy said he had submitted a detailed reply to the show cause notice for eviction issued by revenue authorities, opposing any move to evict him.On May 29, he was issued a summons under the Karnataka Land Revenue Act, 1964.His present petition added that this move, as well as the proceedings preceding it, followed the constitution of the SIT in January. He argued that the SIT was constituted without the State first issuing a mandatory notification delegating its powers. This notification is required under Section 195, of the Karnataka Land Revenue Act and Section 8 of the Karnataka Land Grabbing Prohibition Act, 2011, he said. Therefore, the GO constituting the SIT is unsustainable and its constitution must be set aside, he contended. Therefore, he urged the Court to set aside the SIT's constitution as well as all subsequent proceedings. .After hearing preliminary arguments, the Court today stayed the SIT's operation. Senior Advocate Udaya Holla and Advocate Nishanth AV represented Kumaraswamy before the High Court. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.