Kerala govt says 14.5 km stretch of NH 85 revenue land, not forest
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Kochi: In a major turnaround, the state government has revised its stance before the Kerala High Court regarding the land along the 14.5 km stretch of the Kochi–Dhanushkodi national highway (NH 85) between Neriamangalam and Valara.
Earlier, the government had classified the area as forest land. However, in a recent affidavit submitted by the Chief Secretary, it was clarified that the land is, in fact, revenue land. The Chief Secretary also offered an apology to the court for the mistake in the previous affidavit.
The HC had issued a stay on the construction of the national highway along the stretch after the government referred to the area as forest land. However, this development led to widespread protests across the Idukki district and severe criticism against the government. Subsequently, the government took the position that the area is revenue land.
In the latest affidavit, the government told the court that the settlement record of 1908, the 1938 notification designating the area as non-forest land, subsequent government orders, and land tax records all support its position.
On July 11, the High Court had directed the Chief Secretary to take immediate action to stop any construction work on the national highway which was not permitted by it. The directive was issued while considering a petition filed by M N Jayachandran, a resident of Mundamattam in Thodupuzha, seeking cessation of unauthorised construction activities. The petitioner alleged that work was being carried out in the area despite an affidavit filed by the government mentioning the land as reserve forest.
Considering the petition, the court said that action should be taken against the government and National Highways Authority of India (NHAI) officials if they had acted against the opinion of the government submitted before the court.
While the NHAI filed a review petition before the High Court, the Advocate General, who represented the state government, informed the court that its affidavit would be corrected.
As per the directive issued by the High Court on August 8, the fresh affidavit had to be submitted by August 23. The court also warned the state government that it would issue a final judgment assigning the land to the Forest Department if the corrected affidavit was not filed by September 18.