Kochi: The High Court of Kerala prohibited the dispensal of title deeds to persons in Idukki, who claimed land holdings without valid ownership or lease documents.
Even though the current directive is specific to the Idukki district, the court has decided to scrutinize the rules and regulations governing the assignment of land all over the state. Consequently, the issuance of title deeds for such holdings may become entangled in legal complexities.
The Division Bench, consisting of Justice A Mohammed Mushtaq and Justice Shoba Annamma Eapen, issued the order in response to a plea filed by One Earth One Life, an NGO. The plea alleged that individuals claiming ownership, without legitimate documentation, were obtaining title deeds, thereby engaging in encroachment.
To the plea, the court replied that individuals, who lacked legally valid documents to substantiate their ownership claims should be classified as encroachers.
Following the Kerala Land Assignment Rules of 1964, only people with proper land holdings are eligible to receive title deeds. The High Court also directed the Idukki District Collector and other officials concerned to suspend the issuance of title deeds to those lacking proper records of rights.
At the same time, the order will not impede the progress of title deed proceedings aimed at granting land rights to specific categories, including the landless, Adivasis, and ex-service personnel.
The court has explicitly stated that it will assess the validity of clauses 5 and 7 in the Kerala Land Assignment Rules. These clauses empower authorities to issue title deeds even to those who have encroached upon land. The court has further indicated its intention to seek an explanation from the Chief Secretary regarding these provisions.
Against this backdrop, the government will be compelled to persuade the court that title deeds for migrant farmers and others were issued in adherence to the stipulated rules. The regulations specify that such individuals should have settled in the area before 1971, building houses and doing farming activities, and have been duly included in the Assignment of Land list.
Court asserts legal clarity on Land Assignment Rules
The High Court, clarifying its stance, emphasized that any government rules contradicting the Kerala Land Assignment Rules would lack legal validity. The current situation involves individuals without rightful claims to land asserting ownership over illegally possessed plots.
As per Section 4 of the Kerala Land Assignment Rules, 1964, government lands may be assigned to the registry for purposes of personal cultivation, house-sites and beneficial enjoyment of adjourning registered holdings.
In a 1971 amendment, individuals who encroached upon government land before 1971 were also eligible for title deeds, even if the encroachment occurred before the Rules came into effect. Rule 11 of the Kerala Land Assignment Rules, 1964 stipulates that lands not listed as available for assignment cannot be assigned to anyone. Such allocations are permissible only if it is demonstrated that they serve the public interest or meet public requirements.
Government to provide affidavit ensuring adherence to Land Assignment Rules
In a related development, the government has opted to furnish an affidavit, affirming that title deeds will exclusively be granted in all districts to individuals who legitimately own land following the Kerala Land Assignment Rules. The government is anticipated to convey to the court its willingness to thoroughly scrutinize applications to ensure strict adherence to the specified conditions outlined in the rule.
