Date:17/07/2002 URL: http://www.thehindu.com/2002/07/17/stories/2002071702650400.htm

Southern States - Karnataka-Bangalore

Writ plea on Tataguni Estate dismissed

By Our Correspondent

BANGALORE July 16. G.C.Bharuka and A.V.Srinivasa Reddy, Judges, constituting a Division Bench in the Karnataka High Court on Tuesday dismissed a writ petition filed by K.T.Plantations Pvt. Ld. and another party of Bangalore challenging the validity of Section 110 of the Karnataka Land Reforms Act and the Svetoslav Roerich and Devika Rani Estate (Acquisition and Transfer) Act, 1996. The writ petition pertains to the estate of Svetoslav Roerich and Devika Rani Roerich known as Tataguni Estate.

The petitioners had challenged the notification issued by the State Government on March 18, 1994 under Section 110 of the Karnataka Land Reforms Act. By this notification, exemption granted to the land for cultivation of Lavandula from the purview of the Land Reforms Act had been withdrawn. The petitioners contended that the section was beyond the competence of the State Legislature.

The petitioners stated that the land in question belonged to Dr. Roerich and Devika Rani, who died on January 30, 1993 and on March 9, 1994, respectively. The petitioners claimed that Devika Rani had executed a sale deed on February 16, 1992 of the land to the extent of 223 acres and 22 guntas in their favour and claimed that they were in possession of the land. The petitioners also challenged the validity of the Svetoslav Roerich and Devika Rani Estate (Acquisition and Transfer) Act.

The court observed that the Legislature felt that the estate had acquired the status of a national heritage and it was essential to save the same in public and national interest. Hence the Act was passed. The court observed that a Board of Trustees consisting of 15 members had been formed to manage the property. The judges, rejecting all the contentions, dismissed the petition.