KOTTAYAM: The Pala sub-court on Monday dismissed the government’s suit asserting ownership of Cheruvally Estate, the site identified for the proposed Sabarimala Greenfield Airport in Erumeli.
The court ruling comes as a setback for the government. It may also set a precedent and prove crucial in resolving a broader spectrum of ownership disputes affecting plantation estates throughout Kerala.
The property spanning 2,263 acres is currently in the possession of Ayana Charitable Trust of Believers Eastern Church.
Consequently, the government will need to negotiate purchase of the land from the Church to proceed with the initiative. The Church had earlier responded favourably to the project and expressed willingness to hand over the land, provided the government acknowledged the Trust’s ownership.
“We welcome the court order. We continue to support the project and will cooperate with any land acquisition proceedings in accordance with the Land Acquisition Act, 2013,” Believers Church spokesperson Fr Sijo Pandapallail told TNIE.
Govt planning to appeal against verdict
Fr Sijo Pandapallail also raised the issue of whether the entire 2,263 acres is necessary for the project. “The HC has questioned this. Typically, about 1,200 acres is sufficient for an airport project. If the government acquires that much land, the Church will retain the rest. However, if the remaining is acquired under the Land Acquisition Act, the Church has limited legal recourse,” he said.
The government is planning to move the HC against the sub-court order. Adv Saji Koduvath, representing the government, said further details of the court order will be available once a copy of the judgment is received.
The government had filed the suit in Pala sub-court in 2019 for recovering 2,263-acre estate situated in Erumeli South and Manimala villages. Its contention was that the land was state property, which was unlawfully transferred by Harrisons Malayalam Ltd (HML) to Ayana Charitable Trust, formerly known as Gospel for Asia, in 2005.
In 2015, M G Rajamanickam, a special officer appointed by the state under the Kerala Land Conservancy Act to review plantations on long-term leasehold, had found that the transaction of the Cheruvally Estate was illegal and ordered the land’s resumption.
However, the acquisition was annulled by the HC following a petition filed by HML, the previous owner. Subsequently, the Kottayam district collector, representing the government, approached the Pala sub-court following HC and Supreme Court directives to pursue the matter in civil court to secure the land.