In a pivotal ruling on Friday, the Kerala High Court sanctioned the state government’s proposal to acquire land for the construction of a model township aimed at rehabilitating survivors of the devastating Wayanad landslide. Justice Kauser Edappagath dismissed the challenges posed by Harrisons Malayalam Limited and Elstone Tea Estate Limited, paving the way for the takeover of substantial tracts of their land.
The contested lands include 65.41 acres from Harrisons Malayalam Limited’s Nedumbala Estate and 78.73 acres from Elston Estate, both crucial for the government’s rehabilitation efforts. The estate companies had contested the acquisition, citing violations of their constitutional rights to property under the Disaster Management (DM) Act, 2005, and alleging malice and bad faith on part of the government.
However, the court backed the state’s urgency, highlighting the plight of approximately 1,210 families currently displaced and living in temporary rented accommodations. The Wayanad District Collector had identified these estates as optimal locations for resettlement, taking into account factors such as environmental stability and landslide resistance.
In its detailed judgment, the court clarified the provisions for compensation under the Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013. It ordered that fair compensation must be calculated and provided to the estate owners prior to the land’s possession, with additional provisions allowing the petitioners to seek further compensation enhancements if deemed insufficient.
Further emphasizing the state’s sovereign rights, the court noted that while the property rights of citizens are paramount, they are subject to the sovereign’s right to requisition property for public purposes. The decision to repurpose the land for landslide victim rehabilitation was affirmed as serving a public purpose.
Responding to the verdict, Revenue Minister K Rajan expressed satisfaction, refuting claims of delays in the rehabilitation process and highlighting the government’s proactive stance in acquiring the land soon after the disaster. He reassured that the estate owners would be duly compensated.
