Kochi, Dec 27 (PTI) The Kerala High Court on Friday ruled that the state government can take over land from Harrisons Malayalam Limited and Elstone Tea Estate Limited for setting up a model township for rehabilitation of the survivors of the July 30 Wayanad landslide.
Justice Kauser Edappagath passed the judgment dismissing the petitions filed by the estate companies challenging the government’s decision to acquire 65.41 acres from Harrisons Malayalam Limited’s Nedumbala Estate in Vythiri and 78.73 acres from Elston Estate in Pulpara near Kalpetta in the hill district.
The petitioners argued that acquiring land under the provision of the Disaster Management (DM) Act, 2005, is violative of their constitutional right to property.
They argued that the government is not entitled to take over the land from the private entity under the DM Act without payment of compensation. They also attributed mala fides and malice to the government.
However, the state government contended that around 1,210 families who were rendered homeless as a result of the landslide are accommodated temporarily on rented premises, and thus, it is a very urgent and imminent necessity to rehabilitate them permanently as part of disaster management measures taken.
Accordingly, the Wayanad District Collector, who is the Chairman of the District Disaster Management Authority (DDMA), identified these properties for rehabilitation and reconstruction after taking into account all relevant factors and the suitability of the land, considering environmental feasibility, viability, and its resistance to landslides.
The court also directed that the state government shall determine the total amount of compensation to be awarded to the petitioners for taking over or acquiring the properties in accordance with the provisions of the Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013.
The compensation amount shall be paid to the petitioners before taking possession of the land on the petitioners executing a bond that in the event the titles of the properties are declared against them in the suits already filed by the state government, they shall refund the amount of compensation, the order said.
The petitioners shall be entitled to pursue the statutory remedies available to them under the provisions of the LARR Act, 2013 for further enhancement of compensation if they are not satisfied with the compensation determined by the state government, it added.
Before taking possession of the land, the petitioners shall permit the state government to enter the properties so as to measure and demarcate the areas and boundaries of the properties and also to proceed with and complete other necessary formalities for the purpose of taking possession of the properties.
The court observed that the right of a state or sovereign to its own or his own property is absolute, while that of the subject or citizen to his property is only paramount. The citizen holds his property which is always subject to the right of the sovereign to take it for a public purpose.
The decision of the government to take possession of the properties for the purpose of rehabilitating landslide victims is a public purpose. Reacting to the High Court verdict, Revenue Minister K Rajan said the order is gratifying.
He dismissed claims that the rehabilitation process had been delayed as misleading. Speaking to the media, Rajan stated that the government had decided to acquire the land under the Disaster Management Act within two months of the disaster. He added that the court has now instructed the government to move forward with its decision.
“We have convinced the court that steps are being taken to acquire the land without delay, and the court has approved our actions,” the minister said. Rajan also assured that due compensation would be provided to the estate owners.
In the early hours of July 30, the landslide triggered by a torrential downpour, devastated three villages – Chooralmala, Mundakkai and Punchirimattom in Wayanad district.
The entire villages were swept away, claiming 251 lives, injuring many, and leaving more than 47 people missing. Besides, 1555 houses were totally damaged, and 452 houses were partly damaged, according to the state government. PTI ARM ARM ADB
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