The Hindu : Kerala News : Chandy opposes affidavit on HMT land

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Wednesday, Mar 05, 2008
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Kerala

Chandy opposes affidavit on HMT land

Special Correspondent

Says it will work against the interests of the State

THIRUVANANTHAPURAM: Leader of the Opposition Oommen Chandy has registered his opposition to the government affidavit favouring a Mumbai-based realtor company in connection with the case challenging sale of HMT land.

Addressing a press conference here, Mr. Chandy pointed two major lacunae in the affidavit that would end up working against the interests of the State. He said even though the HMT land had been given exemption under the Kerala Land Reforms Act, the exemption was not available to the person or entity purchasing this land.

Mr. Chandy said even if the sale were to be upheld, Bluestar Realtors, which purchased the land, could not hold land in excess of 15 acres under Section 87 of the Kerala Land Reforms Act. Releasing a copy of the letter he had written to the Chief Minister, Mr. Chandy said the government contention in the affidavit was that the land was part of the 100 acres unconditionally exempted from the provisions of the KLRA and that under law, the HMT was legally entitled to deal with the 100 acres of land in respect of which exemption was granted by the government under Section 81(1) (a) of the KLRA and therefore the alleged assignment of 70 acres that formed part of the 100 acres to Bluestar, the fourth respondent in the High Court case, would in no way be invalid or illegal either for want of consent from the government for such a sale or for non-utilisation of the said land for industrial purpose.

“I may point out that Section 81(1) (a) provides that the provisions of Chapter III of the KLR Act shall not apply to ‘land owned or held by the Government of Kerala or the Government or any other State in India or the Government of India or a local authority or the Cochin Port Trust or any other authority which the government may in public interest exempt by notification in the Gazette from the provisions of this Chapter’. Under this Section, it an authority that is exempted by the government in public interest and once such an exemption is granted the lands owned or held by that authority will not be covered under Chapter III of the KLRA. On the other hand, it is only under Section 81(3) that a particular land can be exempted on account of any special use to which the said land is put or if it is required for conversion into or extension of preservation of an existing plantation or for any commercial industrial, educational or charitable purpose.”

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