Dismissing the petitions filed by Harrisons Malayalam Ltd and Elstone Tea Estates Ltd, which contested the acquisition under the Disaster Management Act, Justice Kauser Edappagath directed the state to compensate the petitioners for their land.
KOCHI: The Kerala High Court on Friday (27th Dec) permitted the state government to move forward with acquiring land for establishing a model township to rehabilitate Wayanad landslide victims.
Dismissing the petitions filed by Harrisons Malayalam Ltd and Elstone Tea Estates Ltd, which contested the acquisition under the Disaster Management Act, Justice Kauser Edappagath directed the state to compensate the petitioners for their land.
The court allowed the government’s plan to use 65.41 hectares of Harrisons Malayalam’s Nedumbala estate and 78.73 hectares of Elstone’s land in Kottappadi village, Wayanad’s Vythiri taluk.
The landslides on July 30 in Chooralmala, Mundakkai, and Punchirimattam villages resulted in 251 deaths, completely destroyed 1,555 houses, and left 1,210 families homeless. The government proposed the township as part of a permanent rehabilitation initiative.
READ ALSO: [Wayanad Landslide] Kerala HC Urges Swift Compensation for Wayanad Landslide Victims
The petitioners argued that the government’s action exceeded the Disaster Management Act‘s scope and violated Article 300A of the Constitution, which safeguards the right to property. They contended that land acquisition from private entities must follow the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act.
During the hearing, the government assured the court that appropriate compensation would be given to eligible individuals but contested the petitioners’ ownership claims. The court dismissed the petitions, allowing the government to proceed with the acquisition in compliance with legal procedures.
It instructed the state to determine compensation per the ‘Right to Fair Compensation…’ Act and ensure payment to the petitioners before possession, contingent upon the petitioners executing a bond to refund the amount if their ownership claims were invalidated in court. The court also allowed the petitioners to seek statutory remedies for enhanced compensation and directed them to permit officials to measure and mark the land before possession.
Earlier, Kerala High Court on 30th October directed the state government to ensure timely compensation for victims of the July 30 Wayanad landslides.
The bench of Justices A K Jayasankaran Nambiar and Syam Kumar V M asked the government to set up a system to transfer financial aid directly to victims’ treasury or bank accounts.
