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

Kochi, Jul 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 consisting of Chief Justice H L Dattu and Justice K T Sankaran also observed that the various provisions in the Kerala Land Assignment Act and Rules would unmistakably show that the Act and Rules were intended to protect landless people by assigning to them government lands for cultivation and other purposes.

The bench made these observations while dismissing a writ appeal filed by one Varkey Abraham from Kottayam against the dismissal of his petition by a single judge.

The court also imposed a cost of Rs 2,500 on the appellant while dismissing the appeal.

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 Janunary 22, 2004, held that the land cannot be assigned to him. He then moved the high court against the government order.

Upholding the government 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 cannot have any legal right to claim the land. The court opined that the provisions in the Land Assignment Act and Rules are intended to protect encroachers who were landless and downtrodden. However, they too have no vested right to get assignment on registry, the court ruled.

Mighty people do not come any where near the benevolent protective umbrella of the act and rules, the court further said.

UNI