Mulgars File Writ Petition with HC against Mulageni Act
Mangaluru: Addressing the media persons, Mulgars’ Association president Clarence Pais, aged 88 and the senior most advocate in Mangaluru said, ” The Association and some individual Mulgars have filed writ petitions before the Karnataka High Court against the Mulageni Act and have also filed an interlocutory application for a stay against the Act as well as the rules of the Act. State government had notified Karnataka Conferment of Ownership on Mulageni or Vola Mulageni Rules 2015 on November 7, 2016. The High Court has posted hearing of the writ petition and interlocutory application to November 30 “.
“I appeal to the district administration not to precipitate the matter by implementing the Act and rules which are challenged before the High Court. I also request members of the public to not sign agreements related to Mulageni properties as the Mulgars writ petition before High Court was with a view to declare the Act and rules unconstitutional. Banks and financial institutions are also informed that any mortgage loan that is given on Mulageni properties will be at on their own risk in view of pending writ petition before the court,” Pais warned.
Also speaking during the press meet, D B Mehta of Mulgars Association said, “Whatever Mulageni land was left in the district was rendered non agricultural property in the name of hotels, hospitals and factories. Mulageni property is not unique to this coastal belt. It is nothing but a perpetual lease property. Through the Act, the government is making landlords paupers and making tenants new landlords,”.
Seems like the State govt is dilly-dallying on this Mulageni Act. The government has failed to take a stand and settle the long pending dispute between the Mulagenidars (tenants) and Mulgars (landlords) existing in Dakshina Kannada and Udupi. With the State government dilly-dallying to take a decision on the issue, the Mulagenidars, who had seen a ray of hope in the form of the Conferment of Ownership on Mulageni or Mulageni Act , are now left disappointed. Even after the new government came to power, yet no proper stand has been taken in this regard. Meanwhile, opposing the Act, the Mulgars and Land Owners’s Association have filed a writ petition in the High Court, questioning the validity of the Act.
The landlords contended that the State legislature has no right to enact the said legislation, the compensation amount offered to the landlords as per the Act was unfair and there was discrimination between two citizens, leading to injustice to the landlords.
Gisselle Mehta (Treasurer), Prakash Alva (Secretary), and Paul Mascarenhas (Member) of the Mulgar’s Association were present during the press meet.