Kerala: HC sets aside govt takeover of 38,000 acres of land from Harrisons Malayalam

KOCHI: The

Kerala high court

on Wednesday set aside the orders issued by special officer MG Rajamanickam for taking over around 38,000 acres of land in possession of

Harrisons Malayalam

Limited (HML) by invoking provisions of Kerala Land Conservancy Act. The land constitutes around 3.5 per cent of Idukki district, which has an area of 4,358 square kilometres or 10.76 lakh acres.

A division bench comprising justices K Vinod Chandran and Ashok Menon pointed out through the judgment that the special officer cannot decide on the title and also carry out eviction and that the state government got the basics wrong. As it is a bona fide dispute, government can only decide the title through a civil court. Eviction can be carried out by the special officer under provisions of Kerala Land Conservancy Act (KLCA) only if the land belongs to the government, the court held.

The court also chided the government for giving into public outcry and acting like a Robin Hood. The bench said in the judgment, “The Government is for the people, of and by them, but it is not for the masses alone but exists for each individual. Courage and conviction is lacking when on mere public demand, arbitrary action is perpetrated visiting a citizen with prejudice. A corporate entity also contributes to the mite of a nation and is constituted of citizens at its helms and at its foundational conglomeration of labour force and managerial staff. The Welfare State exists for the downtrodden and the marginalised, but cannot act like Robin Hood; which would be a negation of the democratic principles and blatant flouting of rule of law; which in the course of the instant proceedings itself, various Benches of this Court had emphasised time and again, in the judgments inter partes.”

Commenting on the lack of powers of the special officer, the court said allegations of fraud, forgery, and collusion levelled by the government would have to be pleaded and proved before a competent court and the special officer cannot arrogate the powers of a civil court to himself in a proceeding for eviction under the authority conferred under KLCA.

“The SO, authorised under the KLC Act and acting under the powers conferred under the statute, to summarily evict unauthorised occupants from Government and puramboke lands cannot adjudicate on the title and then carry out eviction. The State is not exercising sovereign functions and is in an adversarial capacity in so far as the lands belonging to third parties are concerned,” the judgment said. Even the right of an occupier to challenge eviction and establish title before a civil court is reserved under section 20 of KLCA. Such a reservation under KLCA divests the special officer of the power to adjudicate on title, the court said.

In the case of HML, it is not only in possession of the land but have also claimed title, which is even reflected in revenue records, the bench pointed out. “We have to notice that in the present case, the petitioners do not claim right to continue holding their properties only on the basis of possession; they assert title which has been accepted by the State for long as is evident from the revenue records and payment of tax and duties on land, as the owner in absolute possession. When even a valid possession without title can be interfered with only by recourse to Court, there can be no summary eviction under the KLC Act, of the petitioners who assert title which already has been found to be a bona fide claim,” noted the court.

Government can approach a civil court to establish title if required, as title cannot be adjudicated under KLCA, the court said. The bench said, “Title, we reiterate, in this context, we have not found on the petitioners, which we are incompetent to do so in the present proceedings. Title, has to be found after adducing evidence in a properly initiated civil proceeding, if the State ventures so, to institute.”