Tata, Kanan Devan in illegal possession

Kochi: The state government has informed Kerala High Court that large areas of land were grabbed by Kanan Devan Hills Plantations Ltd and Tata Tea Ltd in Munnar. The state asked the court to consider  the issue of eligibility and legality of the claims over the lands illegally occupied.

Citing a document of 1976, the  government submitted that the deed of transfer was made between the Kanan Devan Hills Produce Company Limited, registered under the Companies Act of the United Kingdom and having its registered office at Scotland and a place of business at Calcutta on the one part (vendor) and Tata Finlay Limited, a Company incorporated under the Companies Act 1956 and having its Registered Office at Bombay House, Bombay.

The foreign company had indulged in illegal transfer of  government land, including  ‘Munnar Town,’ with scant regard to the law.

The state is raising the question of the title of the petitioner companies, the affidavit said. The deed executed between the companies expressly stated that no sanction of the state or central government in any manner had been obtained for the transfer of various estates situated in Kerala by the foreign company.

Usha T. Nair, under-secretary, revenue department, filed the affidavit on a plea made by Kanan Devan Hills Plantations and Tata Tea Ltd seeking a directive to the state from taking any adverse action against them relating to the land held by them.

The affidavit was filed pursuant to a direction by a division bench headed by Chief Justice Ashok Bhushan. The court will consider the case again in October.  

According to the state,  the company and the predecessor in the interest of company had indulged in creating documents and getting the same registered without following the procedures and provisions of the Indian Registration Act, Kerala Stamp Act and the relevant rules. 

The documents submitted are fraudulent. According to the state,  the deed between Anglo- American Direct Tea Trading Company Ltd styled as vendor and the Tata Finley Ltd styled as the purchaser contains no authorisation or grant of power by the foreign company under its common seals.

The registration procedure adopted in registering the documents before the sub-registrar of Devikulam reveals the shocking state of affairs which throws more light on the fraudulent nature of the documents in  grabbing government lands.

The revenue stamps appended in the powers of attorney are not even seen cancelled and the thumb impression register shows that  there is no signature of one of the presenters.

This casts doubt on the authenticity of the documents relied on and the procedures adopted. Both the purchaser and the vendor belong to the same address, Netaji Subhas Road, Calcutta. It shows that the entire operation of registration of the documents is clouded in mystery.