KANNAN DEVAN HILLS PRODUCE Vs. STATE OF KERALA

JUDGEMENT

(1.) TWO main points arise in this petition under Art. 32 of the Constitution brought by the Kannan Devan Hills Produce Company Ltd. hereinafter referred to as the petitioner; (1) Whether the Kannan Devan Hills (Resumption of Lands) act, 1971 (Kerala Act 5 of 1971) - hereinafter referred to as the impugned Act - is within the legislative competence of the State of Kerala; and (2) whether the impugned Act is protected from challenge under Art. 31A of the Constitution, and if so, to what extent.

(2.) THE petitioner is in possession of an area of approximately 1,27,904 acres, commonly known as the 'Concession Area' lying contiguously in the Kannan Devan Hills village. THE petitioner grows and manufactures tea in the plantation set up and developed by it. THE petitioner's predecessor-in-title was one Mr. John Deniel Munro, who obtained, what is called, the first Pooniat Concession from Punhatil Kavikal Kela Varma Valuja Raja, on July 11, 1877 (Mithunam 20, 1052). This Concession recited that an application was made for the grant of the above property to the Raja for coffee cultivation. THE Concession conveyed the properties in consideration of Rs.5,000.00. It was further stipulated in the Concession that "you shall clear and remove the jungles, and reclaim the waste lands within the said boundaries, and cultivate them with coffee up to the year 1958 and from the year 1959, pay our rent collector a yearly rent at the rate of 3,000 British Rupees". Various other conditions were mentioned but it is not necessary to refer to them because this Concession was superseded by another agreement called the Second Pooniat Concession.

(3.) ON August 2, 1886, the agreement called the Second Pooniat Concession was entered into modifying the previous deed of ratification. It appears that by this time a company called the North Travancore Land Planting and Agricultural Society, Ltd. had acquired the rights in the said land from John Daniel Munro. The Land Revenue Manual (Vol. 3, Part I Revised Edition 1936, p. 7) summarises the main provisions.