No encroachers can claim vested right on land: HC

Kochi, July 10 (UNI) The Kerala High Court today held no encroacher could claim any vested right to get on lease land encroached on by him.

A Division Bench comprising of Chief Justice H L Dattu and Mr Justice K T Sankaran gave the order on an appeal filed by Varkey Mathew of Devikulam and seven others against a 1999 order of a single judge.

The Bench also said the person had no legal right to claim the lease should be granted to him under Cardomom Rules.

The government should have no power to grant lease invoking Rule 34 contrary to the basic structure and essential conditions of the Cardamom Rules. It could only alter terms and conditions in granting lease.

The dispute related to 224.21 acre of land in Aanaviratti Village in Devikulam Taluk under held by Nellithanam Rubber Produce Company Ltd of Calicut. A survey conducted found the company in unauthorized possession of the land.

The company's application for assignment of land was rejected on the ground it violated Cardamom Land Registry Rules 1935. The claim made by the company before the High Court was also rejected.

Meanwhile, Mr Mathew and other petitioners claimed they had entered into an agreement with the company and purchased the land in 1980 and they had exclusive possession of the property.

When they approached the authorities for assignment of land, the application was not only dismissed but they were also found guilty under Section 5 of the Kerala Land Conservancy Act.

Thereafter, a Board of Revenue order regularising the land was issued. Later, a review was ordered. Pending this, the petitioners filed a writ and a vigilance inquiry was ordered.

Finally, the single judge dismissed the petition holding the petitioners had no legal right to claim lease of the land in question and were not entitled to the relief.

The Division Bench today affirmed this order and dismissed the appeal imposing Rs 10,000 in costs to the appellants.

UNI