Vellayani Lake Acquisition: Kerala High Court Grants Interim Relief To 60 Farmers; Bars Dispossession Without Due Process

The Kerala High Court, on a recent occasion, passed an interim order granting relief to around 60 traditional farmers whose properties are located adjacent to the Vellayani Lake, which is stated to be marked for development by the State government.Justice C. Jayachandran directed the state government, its Water Resources, Agriculture and Revenue departments and the District Collector of Thiruvananthapuram not to illegally dispossess the petitioners from their properties located in Venganoor and Kaliyoor villages.According to the plea, the 60 petitioners in the case are traditional farmers owning land on either side of the Vellayani lake. After their properties were inundated in 1991, they had approached the Water Resources and Agriculture departments of the government to clear the water logging but to no avail.The petitioners state that this inaction led to the persistent water-logging, disabling them from carrying out irrigation activities since 1991. After coming to know that the State is proposing to acquire their properties for development of the Vellayani Lake, the petitioners apprehend that their lands would be acquired without due process of law and at a lower compensation than they are actually entitled to.“Petitioners have reliable information that the Concerned authorities are proceeding to grab their land under guise of development of the Lake, by limiting their compensation pertaining to the areas as they were based on their fair values in 1991.Petitioners beg to submit that no fair value were fixed whatsoever for the areas during such period and in any event the same is inadequate for them,” states the plea.Raising this apprehension, the petitioners had earlier approached the High Court through two writ petitions (WP(C) 7246/2025 and WP(C) 4832/2025), which were disposed of directing the District Collector to consider their grievances in 2 months and making clear that the petitioners shall not be dispossessed without adhering to the mandate under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.According to the petitioners, though they were heard, a mechanical order was passed, whereby it was stated that the petitioners' lands were categorised into four and different amounts of compensation would be awarded based on the categorisation. This, the petitioners claim, was contrary to Article 14 of the Constitution, since the lands are to be acquired for a unified purpose.They have thus prayed for a direction that their properties would not be acquired without following the procedures under the 2013 Act. Additionally, they have sought for quashment of the categorisation of lands into four and a declaration that they are entitled to uniform and enhanced compensation in accordance with Section 108. As per the provision, the affected persons and families are entitled to opt for a higher compensation decided by the State than that contemplated under the Act.As an interim prayer, they have asked for direction against the respondents not to proceeding with the land acquisition proceedings without adhering to the due process of law.Allowing the interim prayer, the Court posted the case for further consideration on December 8 (Monday).The petition is moved by Advocate Nikhil Sankar S.Case No: WP(C) No. 40345 of 2025Case Title: Sivan Kutty Nair and Ors. v. State of Kerala and Ors.Click to Read/Download Interim OrderClick to Read/Download Judgment in WP(C) 7246/2025 Click to Read/Download Judgment in WP(C) 4832/2025

Vellayani Lake Acquisition: Kerala High Court Grants Interim Relief To 60 Farmers; Bars Dispossession Without Due Process

K. Salma Jennath

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

K. Salma Jennath

Vellayani Lake Acquisition: Kerala High Court Grants Interim Relief To 60 Farmers; Bars Dispossession Without Due Process

K. Salma Jennath

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

K. Salma Jennath

This is a premium content
Available exclusively to
Our subscribers