KOCHI: The Kerala High Court on Friday sought the response from the administrator on a petition challenging the draft Lakshadweep Development Authority Regulation 2021, a proposal which is stated to be initiated for the development of towns on the island, but it did not allow an interim stay on implementing it.
The draft bill gives sweeping, arbitrary, unchecked powers to the government and all its bodies to interfere directly with an islander’s right to possess and retain his/her property, argued petitioner K P Noushad Ali, secretary of Kerala Pradesh Congress Committee.
K M Natarajan, Additional Solicitor General, who appeared for the administrator, sought two weeks’ time to inform the court of their views on the matter. At this, the petitioner’s counsel requested for an interim stay on implementing the regulation till that time.
No interim stay on HC decisions
The bench orally observed, “No, this is a policy matter, let them inform (us of) their views.” A division bench comprising Justice K Vinod Chandran and Justice M R Anitha posted the hearing of the case after two weeks. Anoop V Nair, counsel for the petitioner, argued that the draft issued by the administration for the creation of a Lakshadweep Planning and Development Authority is widely resented as it gives the administrator the powers to remove or usurp the small holdings of property owned by the islanders.
The plea stated that Section 72 of the draft regulation gives power to the authority to evict anyone who is found to be occupying a land which comes under a scheme formulated under the proposed law. If that person opposes the authority, impedes the eviction or taking possession of land, the district magistrate shall, on the request of authority, enforce eviction.
It provides for forcible eviction, puts the onus on owner to develop his land holding as per the plan prepared by the authority and also penalises him/her heavily in the event of non-compliance. Meanwhile, another PIL has been filed seeking fresh public consultations before finalising the draft regulation.