Land grab bill put on fast track in Kerala
KOCHI: The state government, which has suffered a major setback in the High Court in connection with the takeover of four estates of Harrisons Malayalam Ltd two days ago, is all set to speed up the process of a new law to take action against land-grabbing, including the long-standing disputes between the government and corporate entities such as HML, Kannan Devan Hill Products (KDHP) and similar entities.
The legal vetting of Kerala Land Grabbing Prohibition Bill (2017) is over and it has been approved by revenue minister E.. Chandrasekh-aran. The Bill is expected to be introduced in the next Assembly session, a source said. The Bill aims at prohibition of land-grabbing, illegal occupation of land, formation of special courts for adjudication of land disputes and a special authority for managing the affairs of land resumed by the government.
The preamble of the Bill says a large extent of land in the state, “which were held by foreign companies prior to Indian independence, are now in the hands of companies, organisation, societies other persons, including individuals, and the government has title over much of such lands. It is necessary to resume, manage and control such land and the activities going on therein.”
The Bill has been necessitated as the Supreme Court and High Court in various judgments have held that “summary proceedings by the government for eviction of land encroachers who are occupying those government lands for a long period under some pretext of title cannot be resorted to without determining the right of the persons sought to be evicted.”
The Bill defines land-grabbing as “every activity of grabbing of any public land or to occupy or attempt to occupy any public land without any lawful entitlement and with a view to illegally taking possession or occupying of such lands.” The Bill also brings to its ambit attempts to “enter into or create illegal tenancies or lease and licence agreements or any other arrangements in respect of such lands, or to construct structures thereon for sale or hire, or give such lands to any person on rental or lease and licence basis for construction, or use and occupation, or to use such land for any other purpose and includes any activity which interferes with any interest of the government, local authority or public sector undertaking over such lands.”