Thiruvananthapuram: Chief minister Pinarayi Vijayan has agreed to an all-party meeting to sort out legal issues related to land ownership in Idukki district. The assurance was made in the Assembly on Wednesday after MLAs from Idukki district, cutting across party lines, made a fervent pitch for an amendment to the Land Assignment Rules, 1964.
The issue was raised in the Assembly as an adjournment motion by Kerala Congress (M) leader and Thodupuzha MLA P J Joseph. Joseph's contention was that there was discrimination against people in Idukki. "Why are those in Idukki denied the rights enjoyed by people elsewhere in the state," Joseph asked.
He said majority of land assigned in the state under the 1964 Rules were in Idukki. The lands vested under these rules could be used only for three purposes: construction of houses, cultivation, and "beneficial enjoyment" like an access road or a protection wall for standing crops or buildings.
Joseph argued that this had put the residents of Idukki at a disadvantage. "Are they supposed to do just agriculture? Is small scale industry banned in Idukki," he asked.
He said the government order issued on August 22 this year had made life more complicated for people in Idukki. "The order has limited the title deed to just 15 cents when in fact title deeds could be granted for up to four acres," he said.
The order further states that buildings more than 1500 sq ft would be taken over by the government. "This means that schools and hospitals and other such buildings could be seized by the government," Joseph said.
He said the issue could be solved only if the 1964 Rules were amended. "When the rules say that the land could be used only to construct a house or cultivate, the courts would naturally keep citing violations. It is high time the rules are amended," Joseph said.
The demand for an amendment was made by other MLAs from Idukki: Roshy Augustine (KC-M) – Idukki; E S Bijimol (CPI) – Peerumedu; and S Rajendran (CPM) – Devikulam.
Revenue minister E Chandrasekharan said the August 22 order was intended to make life easier for the common man in Idukki. He said it was a High Court ruling in 2010 that had forced the government to impose strict land utilisation measures in Idukki. Even as late as 2016, the High Court had ruled that construction of buildings for commercial purposes was non-permissible in lands assigned for agriculture. "Whenever the case was considered, the court kept asking about the action taken against illegal constructions," Chandrasekharan said.
But he said when the case was taken up in July this year, the government had told the court that amendments to the 1964 Rules were under active consideration. "And then the August 22 order was issued keeping in mind the problems faced by the people," Chandrasekharan said.
The order has a provision to regularise commercial buildings within 15 cents of assigned land if they are less than 1500 sq ft. "We only wanted to ensure that the common man was not put to any difficulty even if he had used the land for a purpose other than for which it had been assigned. Now, small scale constructions would be regularised irrespective of their purpose," the minister said.
Even if the building within the 15 cents of assigned land is more than 1500 sq ft, the minister said the August 22 order allowed it to be regularised if it can be proved that it is the owner's only source of income. "Has such a step ever been taken in Idukki," the minister asked.
In cases where the title deed is cancelled, the August 22 order says that the building would be taken over by the government and given on lease. "The building can also be given on lease to the person who was in possession of it," the minister said.
He admitted that a compulsory provision in the order, the village officer's certificate for all building constructions in assigned land in Idukki district, had caused widespread concern. "That is why we revised the order and limited its scope to only eight villages in Munnar," the minister said.
The chief minister then emphasised the importance of preserving the ecological balance of Munnar. "The people in Idukki should not be put to unnecessary difficulties but at the same time we need to preserve Munnar in all its pristine beauty," Pinarayi said.
