The Kerala High Court on Friday upheld the state government’s decision to acquire a portion of land possessed by Harrisons Malayalam Limited and Elstone Tea Estate Limited for the construction of a township to rehabilitate survivors of the Chooralmala and Mundakkai landslides in Wayanad.
Dismissing the estate owners’ petition challenging the government’s decision to acquire 65.41 acres of land from Harrisons Malayalam Limited’s Nedumbala Estate in Vythiri and 78.73 acres from Elston Estate in Pulpara near the Kalpetta Bypass, a single bench of Justice Kauser Edappagath allowed the state government to proceed with its decision under the Land Acquisition Act and the Rehabilitation and Resettlement Act of 2013.
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The court said that the estate lands identified by the government for the township can be acquired under the Land Acquisition Act, provided fair compensation is paid to the landowners. It also directed the estate owners to cooperate in surveying and marking the land, while clarifying that disputes over compensation could be resolved legally.
As regards the compensation, the court stated that landowners will receive legal compensation, and any disputes over the compensation can be resolved through legal channels. However, if a civil court later determines that the land belongs to the government, the estate owners will be required to return the compensation they received. In this regard, the court ordered the landowners to submit an affidavit confirming their understanding before receiving any compensation.
After the state government issued orders to acquire 65.41 acres of Nedumbala Estate and 78.73 acres of Elston Estate for the resettlement of victims of the recent Wayanad disaster, the owners of Harrison Malayalam Limited and Elstone Estate approached the Kerala High Court challenging the acquisition of land intended for new townships under the Disaster Management Act.
Welcoming the High Court’s verdict, State Revenue Minister K Rajan stated that the decision to allow the government to acquire land for the rehabilitation of Wayanad landslide survivors reflects the court’s understanding of the people’s needs and its full recognition of the government’s efforts in disaster management.
