New Delhi: The Supreme Court has rejected a petition filed by the state government against an interim order of the High Court that had said that the provisions of the land registration Act and rules should be implemented not only in Idukki but in the whole of Kerala.
A bench headed by Justice S Abdul Nasir also refused to stay the contempt of court proceedings for non-compliance with the HC order.
As per rules, assigned land should be used only for agriculture, housing and allied purposes.
The High Court had ordered that the certificate of title should be issued only after examining the purpose for which land is being allotted anywhere in Kerala. It also said that a certificate from the village officer is required when applying for a building permit.
The government had decided to implement the assigned land rule first in Munnar Kannan Devan Hills village and later in seven villages in Idukki.
The High Court gave its order on petitions questioning the government rule and said that it was the duty of the government to ensure that construction activities don’t take place on assigned land without the NOC of the village officer to prevent unauthorised structures.
As this order was not implemented, the high court initiated contempt of court proceedings against the principal secretary of the local government department.
The government had appealed against the order in a division bench but it was dismissed on August 26. Following this, the government approached the Supreme Court.
Govt considered concerns of nominal landowners
Thiruvananthapuram: The government decided to implement the rule only in Idukki based on the assessment that if the provisions of the land registration Act and rules are implemented all over Kerala, then those owning little land will be affected. Earlier, more than an acre of land was allotted but now it is not given.
In other districts, the order may adversely affect those who have received a limited amount of assigned land.
10 years of legal battle
The legal battle started 10 years ago when an environmental group approached the High Court in 2010 against encroachments in and around Munnar. Subsequently, the court banned construction except for housing in eight villages, including Munnar, under the Land Registration Act.
The high court was moved against this order saying that restricting the ban to only eight villages was discriminatory. The court then sought the opinion of the state government.
The government told the court that an amendment to the law was under consideration. The court then gave the state four months to make a decision. When the government did not make the amendment even after the stipulated four months, the high court ordered the implementation of the law in the whole of Kerala.
If construction control is implemented all over the state, then constructions on assigned land will require a no-objection letter from the Revenue Department. Permission will be granted only for construction of houses and for cultivation.
Business structures on assigned land may become illegal buildings as per the land registration Act.
