Ownership acquired by church by encroaching Govt land is unfair – High Court of Kerala

• A case from Wayanad District of Kerala

• The Court orders the Government to regain control of the encroached land

Kochi (Kerala) – The Kerala High Court has stated that encroachers of Government land are not entitled to any equity and there is no public interest to assign a property when there is an admitted encroachment. It stated that even if the encroachment happened decades ago, the State should work to repossess the land unless there is any legal impediment to it. The petitioners are social workers from the landless tribal community in Wayanad District and have approached the Court seeking direction to the Government for facilitating the allocation of residential and agricultural lands to tribal families of Wayanad.

Kerala High Court quashes government assignment of land in Wayanad to encroacher church at ₹100 per acre

“This is nothing but piercing a knife to the hearts of the innocent ever smiling tribals in Wayanad,” the Court observed.

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— Bar & Bench (@barandbench) February 23, 2024

1. They also alleged that the Government transferred 5.5358 Hectares of land to the ‘Kallodi St.George Forane Church’ for a negligible amount of Rs 100 per acre illegally and against statutory provisions when hundreds of landless tribal people were waiting for agricultural and residential plots.

2. A single bench of Justice P V Kunnikrishnan stated that, “Assignment on the registry of Government lands to such persons would defeat the very purpose of the Act and Rules. There is no vested right in any person to claim assignment on the registry of Government land. Encroaching on the Government land and making illegal constructions on it will not give any vested right to encroachers. The Government land should be allotted to the downtrodden and not to the wealthy and mighty people.”

3. The Court stated that about 20% population in the Wayanad District consists of tribal communities. It stated that several tribal people were waiting to get lands for residential and agricultural purposes and that the State has to ensure that all tribals are happy and a beautiful smile continues on their face forever.

Land acquisition case in Wayanad (Kerala)

The ownership right acquired by the church by encroaching on government land is unfair. – Kerala High Court

Ordered the State Government to regain control of the land from church.

👉 Since the Lok Sabha constituency belongs to the… pic.twitter.com/MNgfmAQdrS

— Sanatan Prabhat (@SanatanPrabhat) February 24, 2024

Editorial Perspective

Since this is a matter from the constituency of the Italian Prince, it is a daydream to think that the local administration or the Government will implement this Court order.