Karnataka HC flags severe authorized loophole in Kaveri 2.0 software program as there isn’t any facility to enter decrees of civil courts in land data

The Excessive Court docket of Karnataka has flagged a severe authorized loophole in Kaveri 2.0 software program whereas pointing that this technique has no provision to enter decrees by the courts because the software program “treats the decrees, be it declaratory, preliminary, closing, or compromise, and many others., of competent civil courts as in the event that they had been extra-statutory or non-existent for mutation functions”.

Absence of provision within the software program to include civil courtroom’s decrees undermines the finality of courtroom decrees and runs counter to the intent of Sections 128 and 135 of the Karnataka Land Income Act, 1964, which mandate that income data be amended in conformity with judicial declarations, the Excessive Court docket identified.

Directly

The Excessive Court docket additionally directed the State authorities to take steps inside six months to introduce a brand new workflow, in Kaveri 2.0, titled “Mutation based mostly on civil courtroom decree” for mutation, based mostly on all sorts of decree of a civil courtroom, to make sure that names of all shares and their respective extent, as decided by the decree, are entered within the column of homeowners or remarks of the mum or dad RTC with none delay.

Justice Sachin Shankar Magadum issued the instructions whereas permitting a petition filed by Gilbert Vas and his 4 brothers of Naricombu village in Bantwal taluk of Dakshina Kannada district.

The petitioners, based mostly on a compromise decree earlier than a civil courtroom, had utilized earlier than tahsildar for change of khata of lands as per the decree. Nevertheless, the tahsildar requested them to supply pre-mutation sketch for altering khata as Kaveri 2.0 software program permits change of khata solely with the manufacturing of the 11E sketch.

Adjustments wanted

The Kaveri 2.0 ought to have crucial integration with Bhoomi and Mojini-2 software program for implementation of decrees and for add and authentication of civil courtroom decrees; auto-generation of a digital mutation request (J-Slip) to Bhoomi; mapping decree particulars to survey numbers; interface to document proportionate shares within the mum or dad RTC, and provision to connect 11-E sketches when sub-division is sought based mostly on decree, the courtroom mentioned.

This vacuum within the software program, the Excessive Court docket mentioned, is leading to frequent conditions the place decree-holders, regardless of having obtained a binding decree from a reliable civil courtroom, had been unable to safe corresponding entries within the income data like document of rights (RTC) as authorities insist manufacturing of different paperwork like modified sketches of the lands, and many others.

severe penalties

Failure to make entries within the mum or dad RTC based mostly on courtroom’s decrees has a severe authorized and administrative penalties and pointless creation of third social gathering rights as such vacuum confers an unintended and illegal benefit upon the social gathering who has misplaced the litigation or others.

This allows them to create third-party pursuits or alienate the property below the pretext of present income entries, thereby irritating the civil courtroom’s decrees, the Excessive Court docket identified.

Lack of provision to enter courtroom’s decrees compels the decree-holders to re-approach the civil courtroom for enforcement, thereby multiplying litigation and burdening the judiciary with avoidable proceedings, Justice Magadum identified.