H M T LIMITED Vs. TALUK LAND BOARD

JUDGEMENT

(1.) The legality of the ceiling proceedings initiated under the Kerala Land Reforms Act, 1963 ['the Act' for short] against H.M.T. (Machine Tools)Ltd. ['H.M.T.' for short] falls for consideration in this Civil Revision Petition filed under S. 103 of the Act. The ceiling proceedings earlier initiated in the year 1976 were dropped on accepting the ceiling return of H.M.T. whereunder exemption as a Central Government undertaking was claimed. The proceedings to re-open the ceiling case in the year 1990 were dropped when H.M.T. obtained exemption from the Act by notification issued by the State Government. The notification bearing No. 48499/N2/89/RD dated 29.7.1991 stipulated that H.M.T. should utilise the entire extent of land allotted for industrial purpose within four years. The State Government noticed that large tracts of land had been transferred to Naval Armament Depot and the Kerala State Electricity Board and that vast area was keptunutilised by H.M.T.. Proceedings were therefore initiated to resume possession of about 400 acres of land which was challenged by H.M.T. in O.P. No. 19718/1995 on the file of this Court. Later the Writ Petition was withdrawn when H.M.T. handed over 300 acres of land to KINFRA (The Kerala State Industrial Infra Structure Development Corporation). This was on the request of the State Government who issued the notification G.O.(MS.) No. 207/2000 dated 4.7.2000 granting exemption from the Act in respect of 100 acres of land held by H.M.T. The ceiling case was later re-opened in the year 2002 by the Taluk Land Board, Kanayannur calling upon H.M.T. to surrender lands allegedly held by it in excess of the ceiling area.

(2.) The authorised officer deputed by the Taluk Land Board under S. 105A of the Act reported that an extent of 251.40.000 acres of land is held by H.M.T. as in excess and liable to be surrendered. It was also reported that 240 acres in R.S. No. 321/1 and 60 acres in R.S. No. 321/1 had been handed over to KINFRA and Co-operative Academy of Education respectively. HMT filed an objection to the report of the authorised officer pointing out that 20.77 acres acquired for Irumpanam - Kalamassery road is liable to be exempted. H.M.T. contended that the remaining land in their possession is liable to be excluded under S. 81(1)(c), (m), (o), (p) and (u) of the Act. This statutory exemption is in addition to the exemption of 100 acres earlier granted by the State Government which lead to the withdrawal of O.P. No. 19718/1995. H.M.T. added that the proceedings initiated under the Act is actuated by malice at the instance of the District Collector for refusal to surrender land for a Satellite Township.

(3.) The Taluk Land Board has by the order impugned dated 27.4.2002 directed H.M.T. to surrender 101.74.10 hectares (251.40.000 acres) as in excess of its ceiling area under the Act. H.M.T. has filed this Civil Revision Petition specifically urging in ground 'B' of the memorandum that the proceedings are without authority of law and contrary to the Act. It appears that H.M.T. later sold 70 acres out of the 100 acres of land exempted by the Government to Blue Star Realtors (P) Ltd. allegedly to wipe off its liability. The sale was questioned in a public interest litigation wherein a Division Bench of this Court by judgment dated 11.8.2009 in W.P.(C) No. 8172/2008 observed as follows:--