KOCHI: Harrisons Malayalam Ltd (HML), under a cloud for holding on to huge tracts of government land, has stated that the report submitted by the law secretary had vindicated the long-held position of the company regarding the land ownership. HML chief executive officer N. Dharmaraj and vice-president (legal) V. Venugopal told reporters on Monday that the government should facilitate the normal functioning of the company, including permission for replanting of rubber and tea in place of senile holdings.
“We have not received the copy of the report by the law secretary, but the information available from the media suggests that the report has vindicated the position of the company,” Mr Dharmaraj said. A similar report had been given in 2013 by the then law secretary advising the government against any attempt to take over the land. “If the land is to be taken over or acquired as per the said entry, compensation is to be given to the lessee who is in possession of the land in addition to the compensation for improvements,” said the report in 2013. Questioning the legal validity of the Rajamanikam committee report, a special officer appointed by the previous government to ascertain the status of HML land, Mr Venugopal said the report had inherent flaws and would not stand legal scrutiny.
The report has invoked Indian Independence Act to claim that the land owned by the company belongs to the government. “It is a well-accepted fact that the Independence Act, a British Law, is only applicable to political agreements which have no application for land ownership,” Mr Venugopal said. Even the Supreme Court judgment had upheld this position long ago, he added. Stating the company has been functioning strictly according to the provisions of the laws in the country, he also dismissed the charges of violations of FERA by the company. The Reserve Bank is the only agency which could adjudicate on FERA, he said and explained the permissions obtained by the company from the RBI in the 1970s and 80s for various transactions as per the requirement of new rules and regulations.
Mr Venugopal said the HML’s holdings cannot be treated as illegal or property of government under unauthorised occupation. “For initiating any action under the Kerala Land Conservancy Act, the government has to first establish its ownership over the said lands in a civil court,” he pointed out. Mr Dharmaraj said the rubber and tea plantations of the company were facing severe operational difficulties due to the ban imposed by the special officer on replanting and felling of senile trees. “Replanting in over 1,000 acres of land is hit by the decision. The government at least should relax these restrictions so that we could undertake normal operations for a healthy management of plantations,” he said.
