KOCHI: The Government on Wednesday told a Division Bench of the Kerala High Court that all actions in Munnar and its surrounding areas were taken in accordance with the law by the competent authorities.

In a statement filed before the Bench comprising Justice J.B. Koshy and Justice K. Balachandran, Chief Secretary Lizzie Jacob said two Special Task Forces under the Sub-Collectors of Devikulam and Idukki were constituted for investigation and for taking action on complaints regarding bogus Pattayams, illegal constructions and encroachments on Government land. The task forces were verifying the genuineness of the pattayams and other documents produced by the parties concerned. Another team headed by V.M. Gopala Menon, Additional Commissioner, Land Revenue was looking into similar illegalities in the Wagamon area.

The Chief Secretary said that various enactments such as Kanan Devan Hills (Resumption of Lands) Act, 1971, Kerala Government Land Assignment Act, Kerala Land Conservancy Act, and Kerala Highway Protection Act, 1999, provided for removal of encroachments on public land. The decision regarding eviction was taken by the respective authorities under the statutes. A Special Officer had been appointed for coordinating the action of various departments.

It was felt that a comprehensive action from the Government could be met with stiff resistance from the land mafia engaged in encroachment, fabrication of bogus Pattayams and other documents, and illegal constructions. So, Inspector General (Crime) Rishi Raj Singh was posted to keep the law and order situation under control and to ensure the safety of officers engaged in removing encroachments.

The statement said that the IG (Crimes) would ensure filing criminal cases against holders of illegal Pattayams, those making illegal constructions as well as the officials and members of land mafia.

Stays demolition

The Bench stayed the demolition of the buildings of the Abad Motels and Resorts in Munnar till May 28. The interim order came on a writ petition filed by the resort owner seeking to quash the Government Order appointing a Special Task Force for evicting encroachers on Government land. According to the petition, the Government had no power to issue such an order as per the provision of the Rules of Business and Secretariat Instructions formulated under Article 166 of the Constitution. As per these rules, it was in the realm of Revenue Department to deal with all matters relating to land, including eviction of encroachers from Government land. The Government could not issue a blanket order, as the power could not be traced to any law. The Bench adjourned to May 28 the hearing on the petition as the Government Pleader sought time to reply to the contentions of the petitioner.

Justice S. Siri Jagan stayed the demolition of the building owned by H.S. Nameer in Munnar provided the building was used for cardamom cultivation. The petitioner submitted that the building was being used in connection with the cardamom cultivation in their land.

The Judge, however, declined to stay the notice given by the Revenue authorities to the Baby Marine International in Thoppumpady in connection with encroachment of backwaters in Kochi. The court issued notice to the respondents, including the District Collector on the company's petition challenging the eviction notices.

Varkey's Super Market functioning on M.G. Road in Kochi filed a petition challenging the demolition of its shop. The petitioner sought 15 days time to remove articles kept at its shop.

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