Unkind deed: Generations of Elanad forest settlers wait in vain for land ownership

Thrissur: A sepia-toned document — at least three decades old, split at the cross-folds and stitched together by cello tape, its edges gnawed away by silverfish — tells the tale of John E J and his wife Lovely's long struggle to legally own a 55-cent plot in their possession since 1975. The couple's land sits on the edge of Machad forest in the northeastern part of Thrissur district's Elanad village.

The footnote on the tattered paper reads: "This is a document showing the land was in their possession before January 1, 1977". The document — a joint verification report signed by officials of Revenue and Forest departments — is the couple's only hope that they will one day get the title deed for their land. The joint verification was done sometime after August 1989, as part of the state government's larger exercise to identify forest land occupied by settlers and give them the ownership of the land if they had occupied the plot before January 1, 1977.

"Our father (Joseph) came to Elanad and bought the plot from another settler in 1954. Those days there were no title deeds. It was just a trust-based transaction," said John. When the officials carried out the joint verification of the plot, John was 28 years old. "Today, I am 63. Two generations of our family are running around to get the ownership of the land," says John. Encouraged by the government, John and Lovely are just one of thousands of families who settled in the hilly panchayats to make a living from agriculture. Despite years of cultivating the land, they live in constant anxiety and poverty because the government’s title deed process drags on endlessly, as if frozen in time.

In January 1995, the Union government granted formal approval to assign 28,588 hectares of forest land in five districts to settlers who occupied the land before January 1, 1977 -- the cut-off date fixed by the state government to regularise forest encroachment.

After 29 years, the state government has still not completed the process of granting title deeds to rightful landowners. Of the 28,588 hectares, 20,383 hectares belong to the Cardamom Hill Reserve in Idukki. The second-largest settlement on forest land is in Thrissur district, covering 2,720 hectares. These lands were meant to be distributed to 7,375 families, but the government has only issued title deeds to 6,459 families. "In reality, only 261 applications are pending because we are unable to trace 655 landowners who sought title deeds," said a special tahasildar responsible for distributing title deeds to settlers approved by the Union government.

When asked about the 29-year-delay, he said that the distribution of title deeds only picked up after 2020, as the state government had struggled to decide whether to forgo revenue from wild trees felled by farmers. In 2020, the government issued an order officially forgoing this revenue.

However, these 7,375 names belong to farmers were approved by the Union government to receive title deeds. There are around 2,000 families who did not figure in the list in Thrissur district alone, said farmers. "The state government has not initiated any steps to distribute title deeds to these people," said Adv Johnny K George, a former legal adviser of Kerala Independent Farmers' Association (KIFA). When contacted, Revenue Minister K Rajan's office said that the government would invite applications from settlers who had occupied forest land before 1977 to regularise their land and initiate the process of joint verification of the land. But farmers said they are tired of applying for regularising their land. Poulose Cherukettuputhen Purayil (67) of Elanad village said he owns only 22 cents with a 750 sq ft house on the plot. "I have applied at least 15 times to regularise the plot in my possession for 38 years," he said. The last time he applied was in 2022. "I did not apply when the government invited applications during the Lok Sabha election."

Suraj A Thoppil (48), a rubber grower, said his mother Shantha V A (74) owned nearly one acre on the fringes of Machad forest in Manalithara village. Around 15 years ago, the government gave the title deed only for 15 cents, though the application was for the full one acre. "We still don't have ownership over the remaining land where we grow paddy, cocoa, rubber, and plantain," he said. Farmers are baffled over how the government decides how much extent of land should be regularised because there is no forest in their holding.

In 1984, the Forest Department marked the 'genda' outside Shantha's property. Genda markers are physical indicators such as stones or painted trees used to outline the boundaries of a forest.

Susheela and Narayanan TV, 65, own a 90-cent plot with a tiled-roof house in Elanad. Narayanan gave 30 cents to his son Ranjith to build a home, but without a title deed, they couldn’t secure a bank loan. "We had to borrow from private lenders at high interest," said Narayanan.

By the time Ranjith's house was built, Narayanan’s mud-brick home began to crumble with age. “I wanted to renovate, but our panchayat demanded a title deed, possession certificate, and land tax receipt for approval,” he said, showing a bulky file of applications submitted to regularise his land. His name still isn’t on the Union government’s approved list. The elderly couple has moved into their son’s home, as their own house now lies in ruins.

'Can't pledge, can't sell'
Kunjunny K A (65) owns 2.10 acres on the Elanad-Vaniyampara road. "I am broke after marrying off two daughters. My third daughter is now of marriageable age, and I planned to sell a part of my land to fund her wedding. But without a title deed, no one will buy it, and I can’t pledge it either,” he said. The joint verification of his plot was completed decades ago. In 2020, officials assured him he would receive a title deed. Four years on, all he has are the government’s empty words. “Every election, the government urges farmers to submit applications to regularise their land, only to deceive them once the election is over,” said Sunny E J, John’s brother and a civil engineer.

He said that farmers settled along the forest fringes find themselves caught between a rock and a hard place. "We’re constantly facing crop raids from wild animals that are only increasing while the government does little to protect our farms. On top of that, farmers can’t secure loans to keep their land productive."

He said the Revenue Department frequently organises 'pattaya mela' to distribute title deeds, but often reduces the land area for which the title deed is granted. "If the land is one acre, the beneficiary may only receive the title deed for 10 or 15 cents."

'Govt violating forest law'
Adv Johnny K George said that the Union government amended the Forest (Conservation) Act last year, exempting forest land used for non-forest purposes on or before December 12, 1996, from the definition of forest, provided the change was backed by an order of the state government. "This exemption allows Kerala to issue title deeds to pre-1977 settlers without Union government approval, as these lands no longer exhibit forest characteristics," he said. However, the Revenue Minister’s Office and environmental activist Harish Vasudevan, a practitioner at the Green Tribunal, disputed Adv George's interpretation. "The exemption doesn’t apply to encroachments on reserved forest land," said Adv Vasudevan.

He also criticised the government for repeatedly soliciting applications to regularise settlements. "This practice is unlawful. Over the past two years, the government has blatantly violated the Forest (Conservation) Act. There’s no legal basis for conducting fresh joint verifications," he said. "And how is it earthly possible for officials today to verify that a piece of forest land was privately held 47 years ago?"

The state government framed special rules in 1993 which paved the way for the Union government's approval to assign 28,588 ha to settlers. The exercise carried out then was exhaustive and fully covered the extent of settlement before 1977. "Those who are not covered under the 1993 rule cannot be called settlers. They are encroachers," he said.

In 2009, however, the Kerala government told the Supreme Court that there was settlement on another 10,000 ha before 1977. "The Supreme Court made it clear that to assign that land to settlers, the state government will need to seek fresh approval of the Union government," he said. Adv Vasudevan, however, asked the state government to find cost-effective ways to find "genuine settlers" who were left out of the 1993 list and give them title deeds. "But the state cannot leave the door open indefinitely to regularise forest encroachments."