K.C. Gopakumar

Kochi , June 30

THE Kerala High Court on Thursday set aside the orders of the Sub-Collector, Devikulam, restraining Tata Tea from transferring 24 acres of lands spread over the banks of Nallatanny, Kanniar, Munnar and Kundala rivers to various persons.

The Division Bench comprising the Chief Justice, Mr Rajeev Gupta, and Mr Justice K.S. Radhakrishnan also set aside the single judge's order directing the State Government to strictly enforce the Sub-Collector's order and dismissing the pleas of the company against the orders.

Apart from restraining Tata Tea from transferring the land in 1982, the Sub-Collector in 1994 declared illegal such transfer of land already effected by the company.

The company contended that the Sub-Collector had no jurisdiction to pass such orders as the Kannan Devan Hills (Resumption of Lands) Act 1971 under which the company got possession of the land did not empower the Sub-Collector to issue such orders.

Besides, Tata Tea had clear titles and possession over the property. Therefore, the property was alienable. The property had been vested with the company after the sale deed was registered in 1976.

Therefore, the entire land including the banks of the rivers belonged to the company. A small portion of land within the Munnar Township was in possession of various persons as it was leased out to them.

The company decided to transfer the land in their names because it wanted to improve the facilities in the Munnar Township. In fact, 1.309 acres had been transferred to the Munnar Panchayat, the company pointed out in its appeal.

The court said that it was convinced that the orders were issued without notice to the occupants of the properties. The company, meanwhile, assured the court that it would not construct any structures within 50 yards from the riverbanks.

The government was directed to decide whether any further proceedings were warranted.

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