In a major setback to the Lakshadweep administration, the Kerala High Court on Wednesday quashed an administrative order aimed at reclaiming “pandaram” lands and evicting local occupants. The court further directed authorities to grant occupancy certificates to the residents within six months.
Justice T R Ravi set aside the June 27, 2024 directive issued by the Collector of Lakshadweep, which had authorized the government to take control of the properties while restricting compensation strictly to legal improvements made on the sites. The detailed written judgment is awaiting publication.
The ruling addresses nearly 200 petitions filed by island residents who faced displacement to accommodate proposed tourism development initiatives. Advocate Ajith G Anjarlekar, representing several petitioners including 20 Scheduled Tribe residents, confirmed the court’s decision.
Statutory Procedures and Rights Invoked
The legal challenge asserted that the Collector’s directive sought to expropriate land and evict occupants without following the mandatory processes established under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioners noted that previous property acquisitions for public purposes on the islands had consistently adhered to standard land acquisition legislation.
Historical Context of Pandaram Properties
The dispute centers on land rights originating 140 years ago during the pre-independence era, when the British government granted 40-year leases to local families for coconut tree cultivation. Known as pandaram lands, these properties have been continuously occupied and managed by the leaseholders—historically termed “cowldars”—and their descendants.
Reactions to the Judicial Decision
Welcoming the judgment, Lakshadweep Member of Parliament Hamdullah Sayeed described the decision as a significant milestone protecting the land rights and constitutional guarantees of the island’s population. In a statement, Sayeed noted that the ruling reinforces the requirement that any government action affecting public rights must remain strictly within constitutional frameworks and the rule of law.
