The Kerala High Court on Friday allowed the state government to take physical possession of 64 acres of land at Elstone Estate in Wayanad, intended for constructing a rehabilitation township for landslide victims, on the condition that it deposits an additional ₹17.77 crore with the High Court Registry.
The township is part of the state’s efforts to rehabilitate victims of the devastating landslides that struck Wayanad’s Mundakkai and Chooralmala regions on July 30 last year, killing over 200 people and leaving 32 missing.
Earlier in March, the government had deposited ₹26.56 crore to secure symbolic possession of the land ahead of the township’s foundation-laying ceremony. However, Elstone Tea Estate Ltd, which owns the land, approached the court seeking a stay on further government actions until fair compensation was provided. Several other companies joined the plea, demanding compensation based on a market rate of ₹6.6 lakh per acre.
The state, however, maintained that the correct rate was ₹66,000 per acre and claimed the higher figure was due to a clerical error. Based on the ₹66,000 rate, the government calculated the total compensation at ₹42.5 crore.
A division bench comprising Chief Justice Nitin Jamdar and Justice S Manu noted that while the state’s argument could not be dismissed outright, the companies’ demand for higher compensation remained valid and would be examined during ongoing legal 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 observed.
The court directed that the ₹17.77 crore be deposited in a separate account managed by the High Court Registry. Once the amount is deposited, the government will be allowed to take physical possession of the land.
The petitioner companies are allowed to withdraw the entire amount of ₹42.5 crore deposited by the state, subject to conditions imposed by the Registry. The withdrawal, the court clarified, will be “without prejudice” to ongoing legal proceedings and a related civil suit.
The upcoming township is expected to bring much-needed relief and permanent housing to those displaced by last year’s tragic landslides.
Sources By Agencies