KOCHI: A Division Bench of the Kerala High Court on Wednesday directed the government to take suitable action after conducting an appropriate inquiry into the complaint against Waterworld Tourism Private Ltd owned by Thomas Chandy and other directors alleging encroachment on government land and reclamation of backwaters in Alappuzha.The Bench directed the Revenue authorities to complete the survey within three months and take appropriate action within a further period of three months after giving notice to the affected parties. The local monitoring committee should conduct an appropriate inquiry into the allegation and after that, with notice to the affected parties, the data bank particulars may be finalised and corrected subject to the outcome of such an inquiry.
The state government submitted that it is taking appropriate action to ensure that government land is not encroached by any person. If at all there is any illegality in the transfers, the government will take appropriate action, to which the court said that when a matter is brought to the notice of the government through the revenue authorities related to encroachment on government land, prompt action is required to be taken by it. If the government fails, it will lead to government land being wasted especially in a situation wherein there are several landless persons in the state. The case also involves environmental issues.
Taking into consideration all these issues, the court does not think that until a final decision is taken by the government based on the survey that is being conducted, there is no necessity to issue any direction to register an FIR. When the allegations raised are disputed by the company and they have clearly indicated that they have no intention to trespass upon government land, there is no reason to invoke penal provision. However, if it is found that despite directions issued by the government, the encroachment if any, is not removed within the specified time, nothing prevents the government from taking any action under section seven of the Land Conservancy Act as well.
The provision clearly indicates that there has to be an intention of using or holding any land which is the property of the government. Unless there is material to indicate that the intention of the company was to use or hold the property of the government and a claim is made on the basis, it will not become a cognizable offence. The company informed the court that they are ready to remove whatever earth that had fallen into the puramboke road or any portion of the government land.
The company submitted that the entire land is lying as a single block and most of the time it will be waterlogged and there is no separation at all. Even the identification will become difficult at times. Therefore, according to them, there is no deliberate attempt to take possession of government land, the court said.