Kerala High Court Relaxes Bar On Issuance Of Patta In Munnar; Allows Processing Of Land Assignment Claims For Pre-1971 Occupants

A Division Bench comprising Justice Anil K Narendran and Justice Muralee Krishna S modified an interim order dated 10.01.2024 by partly relaxing the bar it had earlier imposed on the issuance of pattas in Idukki district.

The Court in its order dated 10 January 2024 had directed the District Collector, Idukki, and other competent authorities not to issue pattas to persons who did not have any semblance of legal right, title, lease, or authorised occupation over the land. The direction was issued in the backdrop of large-scale allegations of illegal encroachments, forged pattas, and irregular land assignments in Munnar and surrounding areas.

In the present application, the State sought modification of the interim order to enable consideration of applications filed by persons who were in occupation of government land prior to 1 August 1971, the cut-off date introduced by amendment to Rule 7 of the 1964 Rules.

The State informed the Court that thousands of applications for assignment of occupied lands are pending in Idukki district, including several in the Munnar region.

The Advocate General contended that the amendment made to Rule 7 of the Kerala Land Assignement Rules, 1964, was not as understood by the Court in the 10 January Order and therefore the order needs to be modified.

The State submitted that the 1964 Rules, at the very inception itself had provisions which were made to assign land to persons in occupation of Government land, by way of encroachment but there was nothing which indicated that only persons who occupied that lands till the notification of the 1964 Rules were entitles for assignment. It was submitted that the subsequent amendments in 1966 and 1967 also did not mention any cut-off date but it was the amendment in 1971 that introduced the cut-off date.

The State also relied on the Supreme Court decision in Nature Lovers Movement v State of Kerala [(2009) 5 SCC 373], which had upheld the cut-off date fixed in the Land Assignment (regulation of Occupation of Forest land prior to 01.01.1977) Special rules, 1993 made under the Kerala Government Land Assignment Act, 1960.

The Court took note that by earlier orders the Court had directed the State to constitute a Special Team to inquire into forging title deeds.

It then went on to examine the provisions of the Kerala Land Assignment Act, 1960 and noted that the Act was enacted to regulate the assignment of Government lands and to remove doubts as to the validity of the limitations and restrictions imposed in assignments of land by the government or under their authority.

The Court further examined the procedure to be followed for the assignment of land according to the rules and observed that the Government had introduced a cut-off date for occupation by way of the amendment in 1971.

“As rightly contended by the learned Advocate General, by way of the amendment made to sub-rule (1) of Rule 7, which was notified in Kerala Gazette on 06.08.1971, the Government introduced 1st day of August, 1971 as cut-off date for occupation of Government land, by way of encroachment not considered objectionable, for giving priority in assignment under sub-rule (1) of Rule 7.” Court noted

The Court further observed that, to ascertain whether a rule is ultra vires of the Act, the Court can go into the question whether it contravenes expressly or impliedly any provisions of the statute, whether it achieves the intent and object of the Act; and whether it achieves the intent and object of the Act; and whether it is unreasonable to be manifestly arbitrary, unjust or partial.The Court noted that none of these grounds have been proved in the present instance.

“No such grounds are made out, raising a valid challenge against the amendment made to sub-rule (1) of Rule 7 of the 1964 Rules, vide G.O.(P)No.336/71/RD dated 03.08.1971, which was notified vide Gazette notification dated 06.08.1971, or to Rule 5 of the said Rules.” Court observed.

The Court further relied on Varkey Abraham v Secretary to Government, Revenue Department [2007 (3) KHC 365], where it was observed that provisions of the Kerala Government Land Assignment Act, 1960 and the Kerala Land Assignment Rules, 1964 are intended to protect landless people by assigning government lands for cultivation and other purposes and not intended to enrich persons who hold extensive lands.

The Court thus modified the interim direction dated 10 January 2024 and clarified that the earlier restraint will not stand in the way of the competent authorities considering applications for assignment of land under the Kerala Land Assignment Act, 1960 and the Rules, provided the claim strictly satisfies the statutory requirements under the Act and the 1964 Rules, including the eligibility criteria and priority norms.

Case Title: State of Kerala and Ors. v One Earth One Life

Case No: WP(C) 1801/ 2010

Counsel for Petitioner: K Gopalakrishna Kurup (AG), K P Jayachandran (Addl. AG), M H Hanil Kumar (Spl. GP), S Renjith (Spl. GP), Jaffer Khan Y (Snr. GP)

Counsel for Respondent: Daisy A Philipose, K Ramakumar (Sr.), Smitha George, Joseph Kodianthara (Sr.), Mathews K Uthupachan, Binu Mathew, Terry V James, B J John Prakash, Mathew A Kuzhalnadan, V Shyamohan, Anitha Mathai Muthirenthy, G Sreekumar, Joice Geroge, Arun thomas, N K Shyju, Gireesh Pankajakshan, Ananya M, Vishnu MOhan, A S Dileep, P Binod, K Y Sudheendran, Suseela, Dileep, Sudeep Aravind Panicker, Haritha Harinath, Binoy Vasudevan, D Kishore, Augustine Joseph, Tony Augustine, Aiswarya E J Vettikompil, Peeyus A Kottam, R G Ragesh Chand, Arun Thomas, Shinto Mathew Abraham, Aswathy Krishnan, A L Navaneeth Krishnan, S Sreekumar (Sr.), Liji J Vadakkedom, K Reghu Kottappuram, Mahesh R, Murukesh Reghu, Deepu Lal Mohan, M S Radhakrishnan Nair, Elizabeth George, K N Abhilash, Sunil Nair Palakkat, Bidan Chandran B G, K P Satheesan, Sreelal Warriar

Amicus Curiae: Harish Vasudevan