Fragmented plantation: Nod for mutation to hit KLR Act

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In a major setback to the Kerala Land Reforms Act, the State Government has decided to provide mutation (pokkuvaravu) to plantation lands that have been fragmented and sold.

The government in an order asked the Idukki District Collector to provide mutation to the plantation lands of Wagamon and Bonamy estates owned by MMJ group. The State Government in the order (GO (MS) No. 239/2012/revenue) issued on June 3, which is in possession of Express said: ‘’The Idukki District Collector should take necessary steps for providing mutation to the lands that have been sold till May 25, 2013.’’

‘’The Land Board secretary should frame guidelines to settle similar issues that may come up in the future,’’ the order further said. The order has been issued with respect to the report of the subcommittee that had looked into providing mutation to four acres of Wagamon estate and seven-anda- half acres of Bonamy estate, which had been transferred to the farmers. The land was transferred in the guise of giving compensation for the pending gratuity of the employees. As per the Kerala Land Reforms Act, once the plantations are fragmented and used for any other purpose, the protection of land ceiling given to it vanishes and the holder will have to surrender the excess land to the government.

A highly-placed official in the Revenue Department said that if the Act is diluted and mutation is effected in the said fragmented land in Idukki, it would set a precedent.

‘’There is a possibility that others would also raise the claim to mutation for the fragmented land. It has been estimated that on an average 10,000 acres of plantation land in districts where there are plantations have been sold in various capacities,’’ the official said.

Though a similar issue had cropped up in 2007 with respect to providing mutation, the government had then strictly instructed the Land Board Secretary not to affect any mutation as it would only pave the way for the fragmentation of plantations.

It was only few months back that the Land Board has issued directives to all district collectors to take strong action against those who have fragmented their land and sold the property, which will defeat the provisions of the Kerala Land Reforms Act.

Moreover, they have been asked to prevent registration of documents relating to transfer of lands as per the Kerala Land Reforms Act.

While the Revenue Department has strictly instructed not to affect any mutation in respect of lands that form parts of plantations and also to prevent registrations relating to transfer of plantation lands, the Law Department’s stand is learnt to have led to the decision.

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The New Indian Express
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