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Kerala High Court Allows Govt To Take Possession Of Land For Wayanad Landslide Rehabilitation

The Kerala government should deposit an additional ₹17 crore in the account of the High Court registry in addition to the ₹26 crore already deposited.

 Kerala landslide Wayanad search and rescue operations
Search and rescue operations in Kerala's landslide-hit Wayanad in 2024 Photo: PTI
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A Division Bench of the Kerala High Court on Friday allowed the state government to take physical possession of the land of the Elstone Tea Estate for building the township for the Wayanad landslide survivors, The Hindu reported. 

The Kerala government should deposit an additional ₹17 crore in the account of the High Court registry in addition to the ₹26 crore already deposited.

The High Court on March 24 declined Elstone Tea Estate Limited라이브 바카라 request seeking an interim order to restrain the government from creating the township. The Bench, comprising Chief Justice Nitin Jamdar and Justice S Manu, had allowed the government to take symbolic control of the land on depositing ₹26 crore towards compensation.

What is the case about?

The Bench today passed the interim order for the government to take physical possession. The court also admitted a petition filed by Elstone Tea Estate seeking the market value of the land by the State government.

The petitioner, Elstone Tea Estate, had claimed a total of ₹549 crore for compensation from the Kerala government. The company said that the government employed “a non-transparent and secret procedure” to determine the market value of the land.

Elstone Tea Estate also mentioned to the court that the government was not following the due procedure under section 21 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. “The right of Elstone Tea Estate for compensation for the land under Article 300 A of the Constitution of India are illegally deprived of,” The Hindu reported.

Additionally, the petitioner claimed that the inquiry was done “behind the back”, saying that it is illegal to take the land without paying the market value.

The petitioner was not given any opportunity to raise objections to the valuation of the land as the government's action constituted a breach of natural justice.

Kerala Chief Minister Pinarayi Vijayan on March 27 laid the foundation for the township for the rehabilitation of the displaced.

What happened in Wayanad?

On July 30, 2024, a series of landslides occurred in Punjirimattom, Mundakkai, Chooralmala, and Vellarimala villages in Meppadi in Wayanad district, Kerala.

The tragedy - which wiped out entire neighborhoods - was the worst since the 2018 Kerala floods. Pinarayi said that 231 bodies were recovered, 179 were identified, and that the DNA samples of 91 relatives of missing people have been sent for analysis.

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