Kochi: Kerala High Court has come down heavily on revenue authorities in Idukki for colluding with land encroachers in Munnar and directed them to take action against the various land-holders who violate the terms of land assignment. The revenue authorities, a law unto themselves, have been violating the provisions and aiding the assignees causing gross damage to the ecology and environment, it said. It was a matter of concern and surprise that the revenue authorities in Idukki district had been issuing no- objection certificates for carrying out construction activities without noticing the embargo on the commercial constructions, a single bench held.
The court was considering two writ petitions filed by a resort owne challenging the memo issued by the Pallivasal village officer directing to stop the construction of two resorts on his land. The areas in the Pallivasal villages were assigned for specific purposes of building a personal residence, or to have beneficial enjoyment of lands for personal cultivation. The assignment did not intend commercial purpose since that would go against the spirit of the statute on assignment and would also cause ecological imbalance in the area rich in biodiversity, the court observed.
In any event, the loss caused to the petitioners would be of no consequence when weighed against the larger public interest of averting ecological imbalance and preserving pristine lands from haphazard development, which otherwise as studies reveal, would even affect the climate of the Indian peninsula, it said. The court pointed out that assignee had a right to hold the land and enjoy it under the terms of assignment and any violation of the terms would be a reason for cancellation of the assignment. The court relied on rule 8 of the Assignment Rules of 1964 sub-rule (2) which mandate that the assignee or a member of his family or his successor-in-interest shall reside in the land if it is granted for house site, or shall personally cultivate the same, if it is granted for cultivation and such residence or cultivation, as the case may be.
