Kerala govt to deposit Rs 17 cr more for Wayanad rehabilitation township land: HC
The state government had already deposited around Rs 26.56 crore in March for taking symbolic possession of the land
Kochi, Apr 11 (PTI) The Kerala High Court on Friday allowed the state government to take physical possession of the 64 acres of land at Elstone Estate in Wayanad, for building a township for the victims of the landslides that hit the hill district last year, subject to the deposit of an additional Rs 17.77 crore with the High Court Registry.
The state government had already deposited around Rs 26.56 crore in March for taking symbolic possession of the land ahead of the foundation stone laying ceremony of the township.
However, the Elstone Tea Estate Ltd, which owns the land, moved the HC seeking to restrain the government from proceeding further with the project till it was paid fair compensation for the land sought to be acquired.
Some other companies also moved the Court seeking similar relief.
The companies contended that the compensation has to be determined as per the market value of Rs 6.6 lakh per acre, while the state claimed that the fair value was actually Rs 66,000 according to which the total compensation would be around Rs 42.5 crore.
The government also contended that the market value of Rs 6.6 lakh in the land value records of the area was due to a clerical error and the actual price was Rs 66,000.
After going through the records and materials placed before it, a bench of Chief Justice Nitin Jamdar and Justice S Manu said that prima facie, the state government's version cannot be rejected outright.
At the same time, the court also noted that the issue of enhancement of monetary compensation will be open to the company and has not been foreclosed.
The bench said that the enhancement can be considered during the present proceedings, but in the interim, the state has to be permitted to take possession of the land for the rehabilitation work.
"Therefore, while the monetary claim of the petitioners (Elstone Estate and others) can be examined further during the course of these proceedings, any further delay in commencement of the rehabilitation project would have serious consequences, not only on the timeline of the project but also on the lives of the unfortunate victims of the disaster who continue to await rehabilitation," the bench said.
It directed the state government to deposit the additional Rs 17.77 crore in a separate account maintained with the High Court Registry and said that upon deposit of the amount, physical possession of the subject property can be taken.
It further directed that the petitioner companies were at liberty to withdraw the total amount of around Rs 42.5 crore deposited by the government on complying with the terms and conditions that may be imposed by the Registry.
"Such withdrawal will be without prejudice to the rights and contentions of the parties in the pending proceedings and the civil suit (between the government and the companies)," the bench said.
A major landslide struck the Mundakkai and Chooralmala regions on July 30 last year, almost completely decimating both areas.
The disaster left hundreds injured, claimed over 200 lives, and 32 persons remain missing. PTI
