Karnataka HC asks Ports Department to take possession of land leased to Cascia Tile Factory ‘in a manner known to law’

The order was issued while disposing off a writ petition by Cascia challenging Department’s eviction notice

The High Court of Karnataka recently disposed off a writ petition filed by M/s Cascia Tile Factory, Mangaluru, challenging the Port Department’s eviction notices with respect to about 991 sq.m of land leased to it on the Netravathi river bank in Jeppu by directing the department to take possession of the land ‘in a manner known to law’.

Justice Hemant Chandanagoudar passed the order on August 29 wherein M/s Cascia had challenged the December 27, 2023, and January 25, 2024, notices by Port Department asking it to handover the vacant possession of the leased land. The petitioner had also told the court that it had submitted a representation to the Dakshina Kannada Deputy Commissioner that the Netravathi Riverfront Project being implemented by the Mangaluru Smart City Ltd., violated the Coastal Regulation Zones. The court directed the Deputy Commissioner to consider petitioner’s representations of October 16, 2023, and January 11, 2024, within three months from the date of the receipt of the order.

The court noted: “It is undisputed that the petitioner is in possession of Schedule-A land as a licensee under Respondent No. 5 (Port Officer, Old Port, Mangaluru). Respondent No. 5 has confirmed that rent was collected from the petitioner until March 31, 2024. Thereafter, Respondent No. 5 issued the impugned notice stating that the licence had expired and that the petitioner must hand over vacant possession of Schedule A land, failing which possession will be taken in accordance with law.”

The judge further said: “The court has not expressed any opinion on the validity of the project to be implemented by Respondent No. 6 (MSCL).”

Fresh notice issued

Following the High Court order, the Port Department on September 21 issued a fresh eviction notice to M/s Cascia under the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974, giving it 45 days’ time to handover the vacant possession of the land. The notice was issued after hearing the licensee once again.

The department also said the land was not being used for the purpose to which it was leased out, that is, Jetty to operate boats transporting tiles. Tiles manufacturing too was not being done.

In all, the department had given 18 licences (about 18,000 sq.m) for its lands on the river bank between the Netravathi bridge and the Bolara seaface where the Smart City is now implementing the riverfront project. Of the 18 licence-holders, 13 have surrendered the lands where the work is going on while the process of recovering the land from five others, including M/s Cascia, is under way.

Published - October 10, 2024 07:48 pm IST