Kerala HC approves estate land acquisition for Wayanad landslide victim township

The Kerala High Court has granted approval to the state government for acquiring estate lands to construct a rehabilitation township for victims of the devastating Wayanad landslide. The court dismissed petitions filed by Harrisons Malayalam Limited and Elstone Tea Estate Limited, which sought to block the acquisition, citing violations of property rights.

The petitioners argued that their constitutional right to property was being infringed upon and accused the state government of malice. They claimed that land acquisition under the Disaster Management Act, 2005, without adequate compensation, was unlawful. However, the court clarified that the process must adhere to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement (LARR) Act, 2013.

The court ruled that compensation for the acquired lands must be paid before the government takes possession. To protect the state’s interests, the petitioners are required to execute a bond, agreeing to refund the compensation if the land titles are declared invalid in ongoing legal disputes.

Additionally, the court permitted the estate owners to challenge the compensation amount under the LARR Act if they found it unsatisfactory. It also instructed the estate owners to allow government officials to access the properties for measuring and assessing the land.

The acquisition involves 143.41 hectares across two villages—65.41 hectares from Harrisons Malayalam Limited and 78 hectares from Elstone Estate. These lands will form the basis of a new township aimed at providing homes and facilities for those displaced by the Wayanad landslide.

This decision underscores the court’s commitment to balancing disaster management with fair treatment of private landowners. The ruling ensures that rehabilitation efforts can progress without undermining the rights of those impacted by the acquisition.