A Division Bench of the Kerala High Court on Friday (April 11, 2025) allowed the Kerala government to take physical possession of the land of the Elstone Team Estate for establishing the township for the Wayanad landslide survivors on depositing ₹17 crore in the account of the High Court registry in addition to the ₹26 crore already deposited.
The Bench comprising Chief Justice Nitin Jamdar and Justice S Manu passed the interim order while admitting a petition filed by Elstone Tea Estate seeking a directive to the State government to pay it the market value of the land being acquired for establishing a township for the Wayanad landslide survivors.
The court had earlier allowed the State government to take symbolic possession of the land on depositing ₹26 crore by the government.
The court ordered that the petitioner will be at liberty to withdraw the amount of ₹26 crore already deposited by the government with the High Court registry as well as the balance of amount of ₹17 crore upon compliance of terms and conditions that may be imposed by registry of the court.
The petitioner company claimed a total compensation of ₹549 crore towards compensation. In its petition, the company said that “a non-transparent and secret procedure” was adopted by the government for determining the market value of the land.
The petitioner also alleged that the government was taking over the land without issuing notice as stipulated under section 21 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act and in gross violation of the mandatory procedure stipulated for acquisition of land in the Act. The right of the petitioner for compensation for the land under Article 300 A of the Constitution of India are illegally deprived of.
The petitioner also pointed out that the inquiry as provided under the law was conducted “behind the back” of the petitioner. The action of the government was without jurisdiction and invalid. The government was not authorised to take possession of the land without paying the market value of the land. In fact, the action of the government was in gross violation of the principle of natural justice as the petitioner had been denied any opportunity to submit its objection to the determination of the value of the land.
Remove
SEE ALL