Thiruvananthapuram: With the Supreme Court upholding the HC verdict setting aside Special Officer M.G. Rajamanikkam’s decision to take over land in possession of Harrison Malayalam Ltd, the state government planning to explore other options; challenging title deeds in civil court and issuing fresh notices in disputed possession. The title issue will have to be adjudicated in civil courts.
Since the title has to be established after citing proper evidence, the government will have to do its homework to establish the allegations of fraud in court. It is not going to be an easy task considering the fact that the past governments had accepted the title and possession of land held by HML. Besides, exemption orders and purchase certificates under the Kerala Land Reforms Act had also been issued to the company. Moreover, tax and duties for the disputed lands and buildings had also been accepted.
Sources said the government is in the process of constituting a Special Cell under the revenue department to deal with the disputes involving HML land. “We had already discussed about setting up a special mechanism. The process will be revived soon,” said an official.
Sources said there were many titles. For instance there is a title that they have got from a munsif court. As per the existing Act court cannot give beyond 15 acres. But they have claimed to have 758 acres. The government can straightaway cancel, the land revenue commissioner can take the action in this regard. Similarly the government can act as per the Edavagai Right Acquisition Act 1955, whereby government can take over the land by “adequately compensating the original owner”. The Cell will also examine the records which were recently fabricated and which were not supported by previous records.
Sources said the government was also exploring like bringing an ordinance to take over disputed land. In disputes where the government is vested with the powers under the Land Conservancy Act, it would be possible to sort out the issues within three months. However, civil cases would take more time. In April a HC division bench had rejected the take over of more than 30,000 acres of land spread over five districts. The court had pointed out that title could not be adjudicated under the Kerala Land Conservancy Act (KLCA) which is intended only for eviction of unauthorised occupation. Revenue Minister E. Chandrashekharan said the verdict was not a setback. But the government would take all legal measures as per the spirit of the court verdict.
Meanwhile, Harrison Malayalam Limited said the SC order offers great relief for plantations in Kerala. “Proceedings under the KLCA were based on erroneous legal advice to the authorities,” vice-president V. Venugopal said. “The government was misled to initiating action to resume lands, which have been in the absolute possession and enjoyment of plantations for over hundred years. With this, the HC verdict that actions of the Special Officer were unsustainable has become final.”
