Have Prima Facie Title & Admitted Possession: Kerala HC Permits State To Take Over Properties In Wayanad For Rehabilitation Of Landslide Victims
Justice Kauser Edappagath, Kerala High Court
The Kerala High Court has permitted State Government to take over properties of Wayanad District for rehabilitation of landslide victims.
The Court was dealing with two Writ Petitions challenging the Government Order (GO) by which the State decided to take over the properties under the provisions of the Disaster Management Act, 2005 (DM Act) for the purpose of setting up a model township for the rehabilitation of persons who were affected by the landslide.
A Single Bench of Justice Kauser Edappagath said, “Since the petitioners have prima facie title and admitted possession over the property, they are persons interested as defined under Section 3(x) of the LARR Act, 2013. Therefore, the 1st respondent cannot contend that since it does not admit the title of the petitioners over the subject properties, the compensation amount will be deposited in a competent court instead of paying to them.”
Senior Advocate P.S. Raman, Advocates M. Gopikrishnan Nambiar, and K. Babu Thomas appeared for the Petitioners while Advocate General K. Gopalakrishna Kurup, Special Government Pleaders (SGPs) M.H. Hanil Kumar, C.E. Unnikrishnan, Advocates S. Vinod Bhat, and A. Lowsy appeared for the Respondents.
Brief Facts -
In the early hours of July 30, 2024, the picturesque Wayanad District in Kerala witnessed India's worst-ever landslide triggered by torrential downpour, devastating three villages - Chooralmala, Mundakkai, and Punchirimattom. The scale of destruction was unimaginable. The entire villages were swept away, claiming 251 lives, injuring many, and leaving more than 47 people missing. Besides, 1555 houses were totally damaged, and 452 houses were partly damaged. The district known for its fertile landscape and agricultural prosperity was plunged into despair. The State Government, immediately after the landslide, came forward with a plan for a comprehensive rehabilitation process for the survivors.
The State took a decision to build a model township to rehabilitate displaced families permanently and restore the livelihood of the region as a part of disaster management measures in the land having an extent of 65.41 Hectares in Nedumbala Estate and another land having an extent of 78.73 Hectares in the Elstone Tea Estates. The Petitioners/companies claiming to be the title holders in possession of the subject properties, challenged GO mainly on the ground that it was issued beyond the powers under the DM Act, 2005 and was violative of the provisions contained in Article 300A of the Constitution. Hence, the Writ Petitions were filed before the High Court.
The High Court in view of the above facts, observed, “The petitioner in WP(C) No.36436/2024 relies on Ext.P1 title deed, Exts.P2 and P3 orders passed by this court in Company Petition, Ext.P4 certificate of incorporation issued by the Registrar of Companies and Exts.P5 and P6 land revenue payment receipts to prove its title and possession over the subject property No.1. The petitioner also relies on Ext.P8 judgment of this court to prove its title over the subject property No.1. A reading of Ext.P8 would show that the 1st respondent in the year 2013 appointed a Special Officer and Collector to resume the lands held by the petitioner in the State under the provisions of the Kerala Land Conservancy Act, 1957.”
The Court added that the Special Officer so appointed passed an Order in the year 2014 ordering the resumption of about 30,000 Acres of land held by the Petitioner in the districts of Kollam, Kottayam, Pathanamthitta, and Idukki.
“Aggrieved by the same, the petitioner approached this Court by filing WP(C) No.33122/2014. A Division Bench of this Court, after elaborate consideration of the matter, by virtue of Ext.P8 judgment, set aside the final order passed by the Special Officer ordering the resumption of lands. Ext.P8 was confirmed by the Supreme Court on 17/9/2018 while dismissing the Special Leave Petition filed by the 1st respondent. In Ext.P8 judgment, there is a categoric finding that the petitioner has title over the disputed property No.1”, it further noted.
The Court said that, as per Section 3 (x) of the Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act), ‘person interested’ means all persons claiming an interest in compensation to be made on account of the acquisition of land under the Act.
“The 1st respondent shall pay the compensation determined in accordance with the LARR Act, 2013 to the petitioners. Of course, since the 1st respondent has already instituted suits against the petitioners for declaration of title and recovery of possession of the subject properties, payment of compensation shall be subject to the final outcome of the suits”, it also directed.
Accordingly, the High Court disposed of the Writ Petitions, rejected the challenge against GO, and permitted State to take over the properties.
Cause Title- M/s. Elstone Tea Estates Ltd. v. State of Kerala & Ors. (Neutral Citation: 2024:KER:97678)
Appearance:
Petitioner: Senior Advocates P.S. Raman, E.K. Nandakumar, Advocates M. Gopikrishnan Nambiar, K. Babu Thomas, Marykutty Babu, Drisya Dileep, K. John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C. Abraham, Raja Kannan, Jai Mohan, and Nayanpally Ramola.
Respondents: Advocate General K. Gopalakrishna Kurup, Special Government Pleaders (SGPs) M.H. Hanil Kumar, C.E. Unnikrishnan, Advocates S. Vinod Bhat, A. Lowsy, Anagha Lakshmy Raman, M.S. Imthiyaz Ahammed, V. Namitha, K. Shibili Naha, and Gayathri Rajagopal.
