Religious & Charitable Organizations Encroach Upon Govt Land, Dominate Its Will, Injure Democracy: Kerala High Court Orders Action

The Kerala High Court on Thursday addressed the issue of massive encroachment upon Government properties, particularly by religious/ charitable institutions and expressed dismay at the inaction on part of the Government, political leaders and the society at large. "A congenial environment is still in existence in the entire State of Kerala promoting encroachment over the Government land with the apparent acquisition of properties by such institutions. This has given immense wealth and authority to religious institution to dominate the will of Government machineries and it is injurious to our democratic system and the principle of equality and liberty guaranteed under the Constitution". Justice P. Somarajan thus directed that both the State and Central Government would be duty bound to follow the Constitutional mandate and preserve properties of bona vacantia and property that belong to the public at large. The Court directed that the properties obtained by such religious or charitable bodies and institutions have to be enquired into and investigated by taking proper action against the culprits. The State government was directed to take over all property of bona vacantia and to preserve it, remove all sorts of encroachment over the Government land, to scrutinize the validity of pattayam, if any obtained under the garb of Land Assignment Act by misusing its provisions and to conduct a survey which was to be completed within 6 months, in order to find out such incidents all over Kerala. For this purpose, the State Government through its Chief Secretary has been directed to constitute a high power body and to supervise the survey besides formation of District level body headed by the respective District Collector and revenue head of each district and the Tahsildar. The Court added that the assistance of forest officials could also be obtained for the said purpose. The Court further recommended the enactment of a State law for periodical/ quinquennial survey so as to find out any encroachment or invasion over the property of State Government/ public property/ property of bona vacantia. The Court further vested the State Government the responsibility to register cases against the erring officers and the culprits under the provisions of Land Conservancy Act, and added that misdeeds and mischief done by various persons/ institutions to extort the property of public ought to be investigated through the agencies available under the State Government such as Vigilance and Anti-Corruption Bureau etc.The IssueThe issue came to light when a batch of seven cases challenging criminal action against the Major Archbishop of Syro Malabar Church reached the Court, with respect to property approximating 99.500 cents. The case related to the sale of the land, in which there were irregularities in the land deals, as the sale deed of the properties had been finalized even before receiving the payment for the same, and the property had even been undervalued in the said deed. While disposing of the plea, the High Court had directed the Government to investigate the matter so as to satisfy itself whether the settlement deed of the year 2007 was executed with respect to any Government land or puramboke land and also the inaction on part of the concerned officials, who were bound by the provisions of law including Land Conservancy Act. In pursuance of the above order, the Court noted today that a 'half-baked report' had been submitted by the State Government without going into the aspects of the nature of the property or even its ownership. The Court further found that the manipulation of several documents under the garb of 'Power of Attorney' had also not been addressed by the Government.In fact, the Court found that there was no provision as such for executing a power of attorney by an inanimate body, yet they were still used 'invariably and indiscriminately' to obtain properties. "...powers of attorney were invariably and indiscriminately used to ostensibly obtain property left out by an unincorporated charitable association by the appellation "Sisters of Destitute". The transfer of the property in favour of another unincorporated religious congregation of brothers of Roman Catholic community by name "Alexian Brothers" and power of attorney alleged to have been given by the said association in the name of one Fr.Sebastian Vadakkumpadam and the document of transfer created based on such power of attorney, though prima facie evident from the document annexed to the report, was not properly addressed. The question as to whether it is a bona vacantia property was also mystifyingly given the short shrift", the Court noted.The Court found the transfer of property to Alexian Brother to be devoid of legal validity, and found that it came within the purview of bona vacantia. As per the events that unfurled, it could be seen from the recitals in the Sale Deed that some properties were purchased in the name of Kaderu, from whom it ...

Religious & Charitable Organizations Encroach Upon Govt Land, Dominate Its Will, Injure Democracy: Kerala High Court Orders Action

Navya Benny

Court recommended State to enact law for periodical survey to find out encroachments.

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