Thiruvananthapuram: The state government is moving to legislation in order to acquire the Cheruvally Estate for the construction of Sabarimala airport. As per the new law, the land can be taken up by paying a compensation though it is under an ownership dispute. Though the law is legislated in view of Cheruvally Estate, the government may have to pay compensation for the lands acquired in the past also.
According to the land reforms act, over 15 acres of land can be possessed as a plantation. If the land is used for other purposes, then the land over the 15-acre limit will be treated as 'micha bhoomi' (surplus land). The law proposes to provide compensation for the land and for the constructions.
Though a limited area of land is acquired, the agreement regarding the ownership will be applicable for the entire land, the law suggests. If the acquired land is finalised as the property of the person who claims to be the owner, then the ownership of the rest of the land also will be of that individual.
Though the revenue department is in charge of legislating law regarding land, they are unaware of the present moves. The draft is under consideration of the law department. The office of the chief minister handed over the same to the law department in order to check if there are any violation of constitutional law. This is likely to be made an ordinance after the assembly session to be convened on July 27.
Other major conditions in the law
- The disputes regarding ownership should be filed in Principal Civil Court. The court should finalised it within 6 months.
- The appeal can only be filed in division bench of the high court. It cannot be filed in a higher court. The high court should finalise it within a year.
- The price should be decided as per the Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- If the land is not owned by the person but the constructions on it were done by him, the price of the same should be given to him.
- If the high court ordered that the possessor is the land owner, the government will not claim the land again. The price of the land should be handed over within one year. Also, 6 percent interest from the date of the verdict should be provided.
Published: 19 Jul 2020, 07:44 am IST
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