KOCHI: The Kerala High Court on Friday allowed the state government to proceed with the takeover of land to set up a model township for Wayanad landslide victims.
Dismissing the petitions by Harrisons Malayalam Ltd and Elstone Tea Estates Ltd challenging the government’s decision to acquire their land under the Disaster Management Act for the township, the single bench of Justice Kauser Edappagath directed the state to compensate them.
The July 30 landslides at Chooralmala, Mundakkai and Punchirimattam villages in Wayanad claimed 251 lives and damaged 1,555 houses completely, and rendered around 1,210 families homeless. The government decided to build a model township, as part of its permanent rehabilitation plan, on 65.41 hectares of Nedumbala estate of Harrisons Malayalam and 78.73 hectares of Elstone land in Kottappadi village in Wayanad’s Vythiri taluk.
The petitioners challenged the government order saying it was issued beyond the remit of the Disaster Management Act and violated the provision in Article 300 A of the Constitution on right to property. They said the government could take over land from a private entity only under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.
Govt promises to pay damages to eligible persons
When the petition came up in court, the government assured that appropriate and adequate compensation would be paid to persons who are eligible and entitled for it. It, however, disputed the petitioners’ title over their properties. It was contended that the petitioners are not aggrieved persons to receive compensation.
After hearing both sides, the HC decided to dismiss the estates’ pleas.
“The state government is free to proceed further to take over the subject properties for rehabilitation of landslide victims in accordance with law. It shall determine the total amount of compensation to be awarded to petitioners acquiring the subject properties in accordance with the ‘Right to Fair Compensation...’ Act.
The compensation shall be paid to petitioners before taking possession of the land on the petitioners executing a bond that in the event the titles of properties are declared against them in the suits, they shall refund the amount,” it ordered.
The court directed that the petitioners shall be entitled to pursue statutory remedies available to them under the ‘Right to Fair Compensation...’ Act for further enhancement of compensation. Similarly, before taking possession, the petitioners shall permit government authorities to enter the subject properties to measure and demarcate areas and boundaries, it said.