Kerala Govt clueless about consequences of amending Land Assignment Rules

The Kerala government that has reverted the Land Assignment Rules for granting title deeds for up to four acres and removes restrictions on land transfers is uncertain over the ramifications it could bring in the future. The government has no perception if the amendments could abet encroachments, encourage land mafia and resort mafia and raise unauthorised quarries/constructions.

When reversing the Land Assignment rules, the government's priority was only providing title deeds to those who had settled in Idukki district prior to January 1, 1977. Though amendment is being bought in the ''interest of the farmers in Idukki,'' the government is alleged to have not taken note of the wide spread ramifications it could have in the future. 

Revenue Minister Adoor Prakash during a press conference last week had stated that the amendment was a first step and all the issues that could come up will be looked into. On the allegations that the amendment could only help the land and resort mafia, he said '' this is a first step. The amendments have been made for only occupied lands. The government will look into the allegations, if any, in the future,'' he said, which is clear indication that the government has brought out the amendment in haste.

The government has also not clarified on the steps that would be taken if the status of the land that is given for agriculture purpose is changed. The environmentalists doubt that once the title deeds are got, the land will be used for other purposes such as constructing resorts, quarry activities and other purposes.

The government in its order (24-12-2013) has done away with the amendments brought to the rules 5(A) and 8(1) of the Kerala Land Assignment Rules 1964 in 2005 and 2009, which had limited land holdings to one acre and the time stipulation of minimum 25 years for sale of land.


Source; the New Indian Express 

http://epaper.newindianexpress.com/205503/The-New-Indian-Express-Thiruvananthapuram/30-12-2013#page/4/1

The State government's decision to amend Land Assignment Rules for granting of title deeds for up to four acres and remove restrictions on transfer of the assigned land has raised 
apprehension among environmentalists, stating that it will have serious ramifications and abet 
land encroachment.
Though the government says that the amendment is being bought in the ''interest of the 
farmers  in Idukki,'' it is alleged to help land and resort mafia. It is alleged that once the 
amendment is brought in, it would only help in legalising the illegal land transactions.  The new 
amendment could have a larger impact on the recent Kasturirangan and Gadgil reports, the 
environmentalists allege.The cabinet has proposed to do away with the amendments brought 
to the rules 5(A) and 8(1) of the Kerala Land Assignment Rules 1964 in 2005 and 2009. The 
amendments annulled are the one pertaining to possession of land, which was limited to one 
acre and the time stipulation of minimum 25 years for sale of land. With these annulments, 
title-deeds can now be given for land holdings up to 4 acres and sale of land made possible 
before reaching 25 years of possession, if the seller has an occupied house in that land.
Official sources said that the change of rules could only lead to unauthorised constructions, 
unauthorised quarries, large-scale felling of trees and illegal road construction. The 
government's reversal can only aid all the forces that causes destruction, they alleged. It is 
learned that some of the high ranking officials in the revenue department was against the 
scrapping of the rules.


Source: The New Indian Express
http://epaper.newindianexpress.com/203067/The-New-Indian-Express-Thiruvananthapuram/25-12-2013#page/1/1

Harrisons Malayalam: Govt Pleader Kept in the dark

In an apparent move to weaken the state government's interest in resuming the lands in the illegal possession of Harrisons Malayalam Ltd (HML), special government pleader Susheela R Bhatt, who had been entrusted with the responsibility of handling the entire HML cases, was kept in the dark in a case related to criminal proceedings against HML officials, ultimately facilitating the company to get a stay.

Though the government through a special order (20/4/2012) had entrusted Susheela Bhatt to handle all the cases, it is learned that the files pertaining to criminal proceedings case against the HML officials was not sent to the government pleader. It is alleged that another pleader who had no knowledge about the entire case was entrusted with appearing in the case, which resulted in the granting of the stay to the HML.

It is also alleged that the government counsel who appeared in the case had not consulted the special government pleader.

Allegations have been raised that there was a deliberate move to sabotage the government's initiative of retrieving the lands in the illegal possession of HML. They alleged that such moves could only affect the government's drive against all encroachments in the state. 

Source: The New Indian Express

http://epaper.newindianexpress.com/201049/The-New-Indian-Express-Thiruvananthapuram/21-12-2013#page/2/1

Kerala Govt not to be deterred by Harrisons' petition

Taking serious note of Harrison Malayalam Ltd's contentions against Revenue officials and special government pleader (Revenue) on retrieving lands in its illegal possession, the state government has made it clear that nothing will deter it from its drive against illegal lands. 

In a petition before the High Court, the HML had alleged that there was a concerted effort on the part of the officials and the Law officers to resume the lands in their possession.

Revenue Minister Adoor Prakash has said that the government had full confidence on the Special government pleader and she is dong a good job. It was because of the confidence in the pleader that the government had been taking stern actions against the company.

source: The New Indian Express

http://epaper.newindianexpress.com/200544/The-New-Indian-Express-Thiruvananthapuram/20-12-2013#page/2/1

Frequent shunting of secretaries hit Kerala revenue Dept

The frequent shunting of secretaries in the Revenue Department is posing hurdles in the smooth functioning of the department, with many important decisions getting delayed and files getting bundled up. The last time the department had a secretary for a long period was when Nivedita P Haran was the secretary for more than five years before she was made the director of the Institute of Management in Government in April 2012.

From April 2012, the department had seen a continuous change of guard with six secretaries till now. K B Valsala Kumari, who came after Nivedita P Haran, retired in October 2012,  which means she was at the helm of affairs for just six months. The government then appointed G Kamala Vardhana Rao and he took charge in January 2013. However, he went on leave in May 2013, the gap then was filled by T O Sooraj, who was given the charge. In June, the government handed over the charge to T J Mathew, who continued till September. Rao, who came back from leave joined as secretary in October and continued till November after which he took leave.  The government then gave the charge to Asha Thomas and Tom Jose, who were in the post for about ten days each. And now Satyajeet Rajan is the new secretary who took over on Tuesday.

The continuous shunting of officers has affected the sustained functioning of the department. Highly placed sources alleged that there are no takers for the post as there was much interference and pressure on the officers , especially in controversial issues.

They said that the officials had just vanished to avoid any compromise and as they were not given a free hand to take decisions.

Moreover, the government has shunted the officials who had taken stern decisions.

Source: The New Indian Express

http://epaper.newindianexpress.com/197018/The-New-Indian-Express-Thiruvananthapuram/12-12-2013#page/4/1

Golf Course: Govt adds to the confusion over take over

The transfer of the Golf course to the Sports Authority of India has landed up in utter confusion even as the government adds to it mentioning that ''Golf Club'' instead of the ''Golf Course'' will be transferred. The use of the word 'Golf Club' instead of 'Golf Course' in the government order has created confusion as to what exactly the government intends to hand over.

Golf Club is a private club registered under the Travancore-Cochin Literary Scientific and Charitable Society Registration Act 1955, in 1984. The officials have questioned how the government will be able to transfer a private club registered under this Act. It was the 25 acre Golf Course taken over by the Government during the previous LDF regime that was decided to be transferred to SAI. However, discrepancies have crept in the order dated November 19, which is in possession with Express that says that the Golf Club will be transferred.

Though the government can recommend that the rights of the present golf club members should be protected when handing over the golf course to SAI, it cannot say that the club will be given to another institution.

Moreover, in the order it has been said that the transfer will be be subject to final decision on a case before the Supreme Court regarding its takeover by the government. However, no such case is pending in the Supreme Court and all the cases are now before the High Court, the sources said and added that it was a grave mistake on the part of the government to have issued such an order without looking into the actual position.

Source; The new Indian express

http://epaper.newindianexpress.com/197018/The-New-Indian-Express-Thiruvananthapuram/12-12-2013#page/17/1

Harrisons: Top officials from Land Bank, the Land Commissionerate, Registration and Survey to be part of Probe team

The vigilance that has initiated a detailed probe into the lands in the illegal possession of Harrisons Malayalam Ltd and forgery of its documents, has stepped in to constitute a high level team, including top officials of the Land Commissionerate, State Land Bank, Registration and Survey departments.

The special team under DYSP V Shyamkumar will have Assistant Commissioner ( L A) and Special Officer D Sajith Babu, Land Board Assistant Secretary Shibu, first grade and second grade surveyors and top officials from the Registration department.

Official sources said that a recommendation for constituting the high level team, including the above officials and others from the Revenue department, has been submitted to the Vigilance Director. It is learned that the team will be constituted at the earliest.

The special team was constituted for a detailed probe into the whole issue highlighted in the preliminary report submitted by investigating officer DYSP Nandanam Pillai, who looked into the forgery of document 1600/1923, which comprised of about 26,000 acres of land registered at the Kollam Principal Registration office. The Vigilance has already registered a case against against HML executive officials C Vinayaraghavan, Dharmaraj, Ravi Anand and V Venugopal and four registrars for the alleged forgery of documents.

Apart from looking into the forgery of the documents, the investigation will cover the alleged financial dealings of the company, which includes diversion of funds, tax evasion, availing loans from various banks and tea subsidies. The team will have an intensive probe into the alleged corruption of officials in the revenue and registration departments.

Source: The New Indian Express

http://epaper.newindianexpress.com/196550/The-New-Indian-Express-Thiruvananthapuram/11-12-2013#page/3/1

Kerala Ware Housing Chairman: Kerala Govt refutes agriculture dept and appoints tainted official

Defying the agriculture department's dissent, the Kerala government has appointed G Mohandas as Chairman of the Kerala State Warehousing Corporation, against whom a vigilance inquiry is going on with respect to the Purchase of 1850 MT Urea costing Rs 93.31 lakh and who is facing allegations of incurring a loss of Rs 91.76 to the corporation with respect to irregular appointments during his earlier tenure as Managing Director in the corporation.

The government appointed him as the chairman of the corporation on November 18, despite the agriculture department stating that all the allegations and the pending vigilance inquiry should be taken note of before proceeding with the appointment. 

The Vigilance department that was sought a clearance on the issue, noted that the administrative department can take action as per provisions under Warehousing Corporation (WC) Act, 1962. Though the vigilance had not mentioned anything else, the agriculture department in its note, which is with Express, had stated that all the allegations against Mohandas should be perused before proceeding. ''During his tenure so many irregular appointments are made in 6the corporation. Loss incurred to the corporation due to these irregular appointments comes to Rs 91,76,705. 1850 Mt urea was purchased during his tenure for distribution among farmers for an amount of Rs 93,31,215. The urea was not distributed and later it was sold out for Rs 51,66,678. There is a C&AG report regarding this,'' the department had said in its dissent note.

However, The Minister had given instructions on November 17 to issue the orders based on the fact that the Warehousing Corporation Act 1962 does not reveal any disqualification for the appointment. The Minister is alleged to have ignored the Vigilance inquiry and also the allegations against Mohandas that has been pointed out by his department.

Source: The New Indian Express

http://epaper.newindianexpress.com/194381/The-New-Indian-Express-Thiruvananthapuram/06-12-2013#page/4/1

Land Issue: Kerala to serve notice to resume land from Planatation Majors

The Kerala Government that has initiated resumption of the lands in the illegal possession ofHarrisons Malayalam Ltd, will serve a notice on the company in two weeks time for the final

take over of the lands.

The special team constituted to take back the lands in the HML's illegal possession has 

completed 95 per cent inspection of the estates in four districts. 

Kollam, Pathanamthitta, Kottayam and Idukki are the four districts that the special team 

headed by special officer M G Rajamanickam is surveying as part of document 1600/1923, which was alleged to be be forged. The special officer was appointed based on the High Court judgement, which had permitted the government to reclaim the land which is allegedly in illegal possession of HML by implementing the provisions of the Land Conservancy Act. 

Stating that all the three districts have been completed, Rajamanickam said ''the inspection inIdukki was conducted on November 29 and 30. The inspection of the remaining Pooppara  and Devikulam regions in Idukki will be completed this week itself, which will complete the whole inspection.''

Once the inspection is complete, a showcase notice will be served on the company as per the 

the Kerala Land Reforms acts and rules in the second week of December to prove its claims over the land, official sources said. The team was entrusted with inspecting a total area of 25630.94 acres of land that comes under the 1600/1923 document.  Of this, the HML had sold 6703 acres of land.  

Source: The New Indian Express

http://epaper.newindianexpress.com/192486/The-New-Indian-Express-Thiruvananthapuram/02-12-2013#page/3/1

Golf Course: Water Authority serves notice for Rs 18 lakh arrears

The Kerala Water Authority (KWA) has served a notice on the Golf club for water charge arrears to the tune of Rs 18 lakh and that the service will be disconnected on December 2.  Of the three water connections, the water authority had already disconnected two of them earlier for non-payment of the arrears. The notice issued by the Assistant Engineer, Vigilance cell of the KWA, to the Honorary Golf Club secretary states that connection KDR/757/N will be disconnected.

The Notice sent on November 27 had given five days time to the Club authorities to make the payment. It said that the club was to pay Rs 18.78 lakh to the Water Authority, the due from July 2003 to October 2013.

An amount of Rs 84,66,774 and Rs 58,05,120 has come as water charge arrears as on February 21, 2013 for the two disconnected services. The arrears for the water connections had accumulated over years even before the government took over the course in 2010.  The Golf Course will only be now left with the bore wells once the existing connection is also disconnected.

Source: The new Indnian Express

http://epaper.newindianexpress.com/192486/The-New-Indian-Express-Thiruvananthapuram/02-12-2013#page/2/1