Kerala High Court chides state inaction on squatters

Kochi: The Kerala High Court has held that the state should show political will to proceed with the eviction drive in Munnar and  official vigour to implement it. “Is it too much for the citizenry to expect the government, which came to power with the simple pledge that ‘everything will be set right’ to act positively and effectively?” the court observed while upholding the eviction of  Lovedale resort from 22 cents of land in  Munnar.  

While dismissing a petition challenging the order to take over the 'Lovedale' resort and the land  issued by the then Devikulam sub-collector Sreeram Venkitaraman, the court  said: “What is required is political will to proceed and the official vigour to implement it. If either is dampened, then it is the public that is compromised.” “There was no dearth of legal precedents of the Supreme Court and the High Court to trigger the government into action to take back what is due to the people and to put it to public benefit. The legislature too has brought in enactments to proceed for such recovery,” said the court.

According to the state, the land for eviction against which an appeal was filed, was a temporary grant of government land for temporary occupation for three years and it also prohibits transfer to any other persons. The sub-collector found that the land in question is “poramboke” as defined under Section 4 of the Conservancy Act and is a property reserved by the government for public purposes and, hence, not assignable. The petitioner is carrying on a home-stay in the building in the property, which definitely is not the purpose intended by the original grant.

The orders of the tahsildar specifically stated that the grant was never renewed and even the grantee had been in illegal occupation after the three years. The court said that there is dearth of suitable land in Munnar town and this particular land with a building is best suited for the purpose of setting up a village office and the immediate public need also warrants the eviction. Large-scale encroachments by unscrupulous land grabbers using muscle, money and political clout had been deprecated.  The SC had directed all the state governments to prepare schemes for the eviction of illegal occupants of government lands, the court said.