KOCHI: The Kerala High Court on Friday overturned a controversial move by the state government to allot approximately 5.5358 hectares (around 14 acres) of land to the St George Forane Church, Kallodi, in Mananthavady taluk of Wayanad district at an astoundingly low rate of Rs 100 per acre.
The decision, taken in 2015 by the then UDF government, had sparked outrage, particularly in the light of the pressing needs of several tribal communities awaiting land for agriculture and housing.
“Even now several tribals are waiting to get a piece of land for agricultural purposes and to construct a dream house on their land in their own way. It is the duty of the state and all of us to see that the tribals are happy and a beautiful smile continues on their face forever,” Justice P V Kunhikrishnan said.
The court termed it a strange case where land was assigned for a meagre amount when hundreds of tribal persons are waiting to get land for shelter.
The court issued the order on a petition filed by K Mohandas of Mananthavady, among others from the tribal community, challenging the government decision. The petitioners pointed out that the church had encroached on the land from 1962 and that the state government ordered the grant of a pattayam in 2015 at a cost of Rs 100 per acre, when the UDF was in power.
“The market value of the property in possession of the church is about Rs 3,04,96,403, as of 2015,” the petitioners submitted.
The HC order stated: “This is not only illegal but infringes the constitutional rights of the tribals including the petitioners. This is nothing but piercing a knife to the hearts of the innocent ever smiling tribals in Wayanad. This court cannot shut its eyes to these illegalities.”
The government pointed out that there are lower primary schools, high schools and higher secondary schools, besides the church and cemetery, on that particular land.
The court said the church had encroached on government land. “After encroachment, if churches or schools or other buildings are constructed on government land, can the government assign the land based on public interest? The encroachers of government land are not entitled to any equity and there is no public interest to assign a property when there is admitted encroachment,” the HC said.
The court directed the state government to assess the market value of the property within two months and find out whether the church is ready to purchase the property.
“One month can be given to them to decide whether to purchase the land or not. If the church authorities are not ready to do the same within one month from the date of informing them about the market value, the state government will take necessary steps to evict them from the property within three months from the date of expiry of the time given to them for purchase.
The land recovered shall be distributed to the eligible persons. If the land is purchased by them on market value, the entire amount received by the government should be utilised for the welfare of the tribal community in Wayanad,” the order stated.