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Govt. to take over estates owned by foreigners in Nelliampathy
By Our Staff Reporter
PALAKKAD, JULY 22. In a landmark decision the State Government
has ordered the prosecution of the seven foreign nationals who
illegally bought three estates in the Nelliampathy Hills in
Palakkad district. It has also ordered the take-over of the
estates ``to safeguard the interest of the State as well as the
nation.''
The prosecution has been ordered for violating the Foreigners
Act, the Foreign Exchange Regulation Act, 1973, the Kerala Forest
Act, 1961 and the Central Forest Conservation Act, 1980.
An extent of 306.93 acres of forest land in three estates were
bought by seven foreign nationals in the name of Nelliampathy
Hills Conservation Society (NHCS) registered under the Travancore
Cochin Literary, Scientific and Charitable Societies Act, 1955.
It is headed by a British national, Jeremy J. Fry, now residing
at Nelliampathy as president of the society. The six other
members are Mr. A.L. Fry, Middle Hill, England; Mrs. S. Fry,
Middle Hill, England; Mr. Cosmo J. Fry, Somerset, England; Ms.
Minna Fry, London; Mr. Francis P. Fry, London and Mr. Polly E.
Higson. There are nine life-members in the society that include
some leading environmental scientists and research persons
connected with projects like the Project Tiger, etc., in the
State.
The State Law Secretary said the activities of the society vested
with the governing council which is controlled by the foreign
nationals in their capacity as the founder-members. So, the
society is exclusively governed by the foreign nationals. The
society had acquired three estates in Nelliampathy - Monkwood,
85.58 acres; Monkwood II, 70 acres; and Rajakkad, 153.25 acres.
More than eighty three acres of land had been transferred as per
deed No.3425\95 dated 20-5-1995 of the Sub Registrar, Palakkad,
and for the balance area also the society had entered into
agreement with one V.G. Thomas of Cochin. The Rajakkad estate
extending to 153.25 acres has been transferred by way of share
transfer to Mr. Jeremy Fry, Mr. Philip Mathew, Mr. K.T. Sohan and
Mr. V.G. Thomas.
The property mentioned above comes under the jurisdiction of the
Nemmara Sub Registrar Office but has been registered in the SRO,
Palakkad. From the nature and conduct of the transaction made by
the society the foreigners appear to have circumvented the rules
and regulations governed by the Transfer of Property Act and the
Registration Act.
The tenure of land covered under the document is forest land
under lease. Therefore, the Government has ownership and title
over the lands and the lessees have lease-hold rights only. But
the lessees have transferred the property as if they were the
owners of the property and thus violated the terms of the lease
deed. Thus, the Registration Department has registered such land
without the no objection certificate from the Forest Department
for which action has to be taken against the Department.
A report in this newspaper (`Secret activities on the hills,'
January 23, 1998) had quoted the Forest authorities that the
Nelliampathy Hills Conservation Society was indulging in
clandestine activities and unauthorised eco-toxicology research
in the fresh water system of the area. The then Divisional Forest
Officer of Nemmara, Mr. Jayarajan, in his report sent to the
State Government had stated that ``clandestine transactions of
the forest land'' had been done by floating the society ``in
order to circumvent the legal impediments in India.''
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