Government Holds Land As A Public Trustee; Cannot Assign It Without Observing Statutory Provisions: Kerala HC

The Kerala High Court said that the Government holds the land as a public trustee which belongs to the State and hence, it cannot assign the land without observing the statutory provisions.

The Court was dealing with a bunch of writ petitions raising a common challenge as to a government order to proceed against the land held by the petitioners, to cancel the patta issued to them.

A Division Bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen observed, “The Government holds the land as a public trustee. The land belongs to the State. In regard to the authority of the Government to issue patta in respect of the Government land, it is covered by the Kerala Government Land Assignment Act and Rules. That means, the Government cannot assign the land without observing the statutory provisions. If any land is held in possession of the holder without following the procedures contemplated under the Land Assignment Act and Rules, nothing prevents the Government from examining the matter to find out the legality of the land held by such holder of the land, as the Government is accountable to the State.”

The Bench refused to refer to individual cases for the reason that it was not entering into any finding of facts relatable to individual holders of the land.

Advocate L. Ram Mohan represented the petitioners while GP Jaffer Khan and Addl. Advocate General K.P. Jayachandran represented the respondents.

Facts of the Case -

In the Western Ghats covering Munnar, Chinnakkanal, Pallivasal villages, etc, it came to the notice of the Government that there was a large scale of encroachment in Government land, creation of bogus patta to grab Government land, and also instances of obtaining patta illegally in collusion with the revenue officials. This resulted in the Government conducting enquiry and, by a government order, it was ordered that the enquiry should be conducted by the Sub Collector of Devikulam, to declare that patta obtained by the petitioners or their predecessors-in-interest, was illegal and void.

The counsel for the petitioners submitted that some of them purchased the property after verifying genuineness of the certificate issued by revenue authority. It was further argued that the transfer of registry was effected in their favour and that the Court in several litigations, ordered to effect transfer of registry based on sale deed and, therefore, the Government was estopped from reopening all concluded proceedings. It was also contended that the Government prejudged the matter and already entered into a finding by concluding that patta obtained by the respective petitioners was bogus, and fabricated illegally.

The High Court in view of the facts and circumstances of the case said, “Transfer of Registry is only for fiscal purposes. There are no concluded proceedings before this Court to hold that this Court had entered into a finding as to the validity of the patta issued to the holders of the land. No doubt, the Government cannot enter into findings of fact without conducting a full-fledged enquiry. The observations in the orders of the Government only can be taken to the reasons for ordering enquiry and it cannot be taken as a finding of fact.”

The Court further noted that the reasons for ordering enquiry cannot itself operate as a finding of fact to be concluded in the enquiry and therefore, no interference is warranted in the matter.

“The competent authority shall conclude the entire proceedings with notice to the petitioners uninfluenced by the observation in the government order, within a period of 3 months after notice to the petitioners or any other interested persons”, ordered the Court.

The Court also directed that order of the government to take criminal action shall be put on hold till the proceedings are completed regarding cancellation of patta.

Accordingly, the High Court disposed of the writ petitions.

Cause Title- M/s. Apotheosis Infrastructure Pvt. Ltd. v. The State of Kerala & Ors. (Neutral Citation: 2023/KER/83897)

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