Synopsis
- What is Grow More Food scheme?
- What was the intention behind the said GMF?
- Whether such permission is related to lease or free grant?
- If permitted, whether are there any restrictions attached?
- What happens in case of violations by the Grantee?
Introduction:
GMF or Grow More Food scheme is a reform-based initiative undertaken by both the central and state governments in India in order to ensure that certain issues such as deaths resulting from the starvation etc post Independence are resolved. Keeping in mind this goal, the governments started various initiatives not only to increase the imports etc but also as a self-dependent method such as allowing the farmers to cultivate in the government granted lands etc. In that way, the concept of grant of land came into picture. This article will be looking into the concept of Grow More Food scheme that was present and the reasons behind the permission through the grant of the lease of the land by various governments during the point of time.
What was the Intention behind the grant of lands under GMF?
The intention behind the introduction of GMF both by the Central and the state government traces back to the time of Independence where the governments intended to ensure that there are no starvation and no more deaths (which was existing more commonly during that time) after the Independence and after the Indian government has been formed by Indian. It is essential to note that in order to increase the food productions to reduce such an issue, the agricultural lands needs to be used wisely and properly without any misuse. Keeping this in mind, the governments have granted unoccupied lands, which are capable for cultivation, to those peasants or farmers as a lease for a period as prescribed by them. This was the main intention behind the grant of land under GMF scheme. Having seen such leases of the agricultural lands by the government to peasants, this has also resulted in the major concentration of lands in the hands of few farmers, leading to misuse of such grant. The intention behind the Karnataka Government’s Grow More Food scheme is again aligned with the intention of the Indian government.
Whether such permission is related to lease or free grant?
In the State of Karnataka, certain lands were granted to different category of persons for the purpose of cultivation in such lands and such grant was provided to those persons as a temporary lease under the Rule 43 J of then Mysore Land Revenue Rules, 1960 as has been empowered by Section 233 of the Mysore Land revenue code of 1888. Through this rule, the Deputy commissioner shall have the power to grant the land for performing the functions as mentioned under the Grow More Crops scheme.
Rule 43-J is a general clause empowering the authorities to grant land to the lessees to whom lease had been granted previously. It reads as follows:-
43-J. Grant of land to persons to whom lands have been leased temporarily- Notwithstanding anything contained in the preceding rules of this Chapter, in the case of agricultural land leased by competent authority to any person for purposes of cultivation at any time before the commencement of the Mysore Land Revenue (Amendment) Rules, 1960, if such land is available for disposal and if the conditions of the lease have been complied with, the land may be granted to the lessee.
The said scheme empowered to Deputy Commissioners to lease out the lands which are unoccupied and are capable of irrigation for temporary paddy cultivation for a time period of which shall not be exceeding five years and also certain concessions were provided to those grantees. It includes the permission to those persons who have been granted with the land to also purchase the land at a reasonable upset price.
Whether are there any restriction attached while grant of land?
The terms and conditions that shall be attached while granting a land has also been provided under Rule 43J of the said Land grant rules and these conditions shall be put forward by the deputy commissioner while granting the land for the purpose of Grow More Food scheme under the rules.
These conditions shall include –
- The grant of land shall be obtained by the grantee and shall also be confirmed in his favor after the completion of temporary lease period of five years.
- The said land shall be granted at an Upset Price and thereby enabling the grantee to receive the grant certificate.
- The grant of land by the commissioner shall attach a restriction on the alienation of such land to the third parties by the grantee for a period of 15 years.
In the famous case of Guntaiah & Ors v. Hambamma (2005) 6 SCC 228, the Supreme Court of India observed that the conditions attached by the deputy commissioner with the grant of land under the land grant rules shall not be applicable for the land granted to an SC/ST under the Karnataka SC and ST (Prohibition of Transfer of Certain Lands) Act, 1978.
The Supreme Court in the case of Manchegowda & Ors. Vs. State of Karnataka & Ors. 1984(3) SCC 301 observed that
The grant which was made through the form of the condition shall not be considered to be an inreasonable ground or any restriction. It is clear that the lands which were granted were not acquired from the owner of the land, rather these lands are granted to the grantees for a specific period of time and there is a purpose behind such a transfer by the government to those grantee. Hence, the right to property under the article 19 (1)(f) of the Indian Constitution shall not be considered in this case and there was grant of land by the owner to the grantee for a specific period of time and that specific period shall form a major or an essential part of the transfer on which the grant was made.
It thereby, held such restrictions are valid in the eyes of law and are reasonable as per law.
Effect of the Violation of conditions:
Any violations made by the grantee that have been temporarily granted with the lease on the land, shall be liable under the Mysore Land Revenue code and the punishment shall include eviction from the land, fine etc and also under the prescribed rules by the state government under the Mysore Land revenue code of 1888.
