No vested right in any person to claim Govt land: Kerala HC

Kochi, July 25 (UNI) The Kerala High Court today held that there was no vested right in any person to claim assignment on registry of Government land.

A Division Bench, comprising Chief Justice H L Dattu and Justice K T Sankaran, observed that the various provisions in the Kerala Land Assignment Act and Rules would unmistakably show that they were intended to protect landless people by assigning them Government lands for cultivation and other purposes.

The Bench made these observations while dismissing a writ appeal filed by one Varkey Abraham of Kottayam against the dismissal of his petition by a single judge. The court also imposed a cost of Rs 2,500 on the appellant.

Mr Abraham had approached the Government for assigning him 3.20 acres of land, which was actually Government land. The Government, in its order dated January 22, 2004, held that the land could not be assigned to him. He then moved the High Court against the Government Order.

Upholding the Government's decision, the Bench today said ''We are of the view that the Act and Rules are not intended for enriching persons who hold extensive lands.'' The court further observed that encroachers could not have any legal right to claim the land. The provisions in the Land Assignment Act and Rules were intended to protect landless and downtrodden encroachers. However, they too have no vested right to get assignment on registry, the court ruled.

Mighty people do not come anywhere near the benevolent protective umbrella of the Act and Rules, the court added.

UNI