The Kerala Government is unlikely to drop its move to regain the 60,000 acres of land in Harrisons Malayalam Ltd’s possession, which the government believes the company has fraudulently occupied, though Monday’s High Court verdict is a setback to the effort.

“We’re foreclosing no option,” Chief Secretary E.K. Bharat Bhushan told Business Line when asked him about the government’s next step.

A division bench of the High Court rejected the government’s petition to quash the proceedings of the Vythiri taluk land board, which had granted possessory rights to the HML over nearly 60,000 acres of land spread out in eight districts. The government had contended that the company had suppressed facts and presented forged title documents before the taluk land board. The court also refused to intervene in the case by invoking Article 227 and 228.

While the HML projected the high court verdict as its triumph, the government has received legal opinion that it could go ahead with the move to recover the land under the Kerala Land Conservancy Act.

Company stand

V. Venugopal, HML’s vice-president for legal affairs, told Business Line that the verdict had upheld the company’s stand and absolved it of all allegations of irregularities, encroachments and forgery. He said the government’s move to take over HML estates was based on “wrong and misleading legal advice.” He alleged that vested interests were working to thwart the company’s lawful ownership of the land and to bring disrepute to the company.

Y. Raghavan, chairman of the Association of Planters Kerala, reacting to the court verdict, said it was a “very welcome decision” and that the HML would now be able to fully focus on its plantation business. “The company had to spend a lot of money and efforts on fighting the case,” he told Business Line . “Now that the court has given a decision in its favour, the HML, which employs around 13,000 in Kerala, can concentrate on its business.” The HML is a member of the association.

Legal opinion

Meanwhile, the government has received legal opinion that it can go ahead with its action to get back the land illegally occupied by HML. Susheela R. Bhat, senior government pleader, has told the government to let the special officer appointed by it under a court directive to continue his work to regain the land. She noted that the court order didn’t in any way impede the steps planned to regain the land under the Land Conservancy Act.

“There is no legal impediment in any manner by virtue of the judgement in proceeding against the culprits who have indulged in manipulation of revenue record, forgery and grabbing government land,” she noted.

She has also suggested that the government issue an Ordinance to take over the disputed land. A top-level government meeting in March had decided to consider, as a long term measure, promulgation of an Ordinance to take over the land.

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