Wayanad MC: doubts raised over land taken from Trust

The decision to take over 50 acres of land offered by a Trust for the proposed Wayanad Medical College has raised serious concern among the revenue officials who allege that it would only lead to diluting the Kerala Land Reforms Act and the Kerala Land Assignment Act. The decision is learned to have been taken in a haste without looking into the legal aspects and also defying the Land Board and Revenue department's contention that it will only create a precedence for regularisiing illegal lands held by encroachers.

Though the cabinet decided last week to take over the 50 acres of land from the 150 acres that the Trust possessed, highly placed officials fear that the decision was a move to regularise its remaining land. Though the land is being taken back, the government has not taken any decision with respect to the remaining land, which the Land Board has already stated that if a part of the land is utilised for any other purpose than for which it is exempted, then the exemption will be lost and the land will be vested with the government.

The Land Board and the revenue department had from the beginning noted that the whole land belonged to the government and no regularisation can be given. They found that the Trust had got ‘’purchase certificate’’ for the land that is only given for cultivating tenants as per the Kerala Land reforms Act. As per the land reforms Act, purchase certificate is issued only to natural Human beings and not to companies or trusts. As such the Land Board had informed that the whole land belonged to the Government.

With respect to the remaining land in possession of the trust, Revenue Minister Adoor Prakash said that a decision can be taken only after looking all legal aspects. When pointed out that the Land Board has raised objections, he said ''the trust claims to have all documents. On the remaining land, the government will have to look into all the legal issues related to it.''

Source: The Newindianexpress

http://epaper.newindianexpress.com/425278/The-New-Indian-Express-Thiruvananthapuram/26-01-2015#page/5/1

Kerala Govt takes a revolutionary Land step

Despite pressures to pay compensation of about 20 to 25 crores for the 75 acres of land to be acquired for setting up the Sree Chitra Thirunal Institute of Medical Sciences and Technology (SCTIMST) at Wayanad, the government at last decides to give Rs 1.9 crore as compensation for the value of improvements/structures the lessee had done in the said land.

The Wayanad district collector had reported to the government that a compensation of Rs 1.9 crore could be given to the lessee for the structures/improvements he had done in the said land at Mananthawadi. The revenue department had forwarded the proposal to the Health department, which has been entrusted to pay the compensation.

The compensation was fixed after the government resumed 75 acres of land in Mananthwadi. In the order that was issued in August, it has been clearly stated that the lessee M/s Glen Leven Estate was not entitled for the value of the land as the jenmom right was vested with the government. However, the lessee is entitled only for the value of improvements/structures it had done in the said land. Moreover, the land was declared as excess land by the Taluk land Board.

Before the government came up with an order to resume the land, there was much pressure for giving compensation for the 75 acres of land. Even the Advocate General had in his legal opinion favoured compensation to the estate owners. The Express had then exposed the move with the Opposition Leader V S Achuthanandan taking up the issue. The State Land Board and the Revenue Department had come out against providing compensation. The land Board in its report had said that the 75 acres of land to be acquired came under exempted category and was ''controlled land'' for which no compensation need be given.

Source: The New Indian Express

http://epaper.newindianexpress.com/357098/The-New-Indian-Express-Thiruvananthapuram/16-10-2014#page/5/1

Amendment to Kerala Land Reforms Act put the Govt in a fix

The State Government and the Land Board is in a fix over the practical implementation of the Amendment brought to the Kerala land Reforms Act, which gave exemption to cashew estates. Though the amendment was brought two years ago, the Land Board officials are in a quandary as the amendment, which they say have no clear guidelines and is incomplete.

Even though the amendment was brought in 2012, the Land Board has been continuously raising doubts over the implementation and the negative impact it would have on the land reforms. The confusion is very evident from the latest direction sent last month to the Land Board secretary that the amendment should only be followed. 

In the 2012 amendment, no specific cut of date for the plantations has been said, which has added to the confusion.  As per the amendment, any land having not less than 150 cashew trees per hectare before and after the amendment was brought in can be given exemption. The land board has been demanding the government to come out with specific guidelines as the present amendment brought in could hamper the good intentions of retrieving surplus land, which could be used for public purposes. 

Source: The New Indian Express

http://epaper.newindianexpress.com/258626/The-New-Indian-Express-Thiruvananthapuram/17-04-2014#page/4/1