NOORJAHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Pursuant to proceedings initiated under S.85A of the Kerala Land Reforms Act, 1963 (the Act. for short), the Taluk Land Board, Pathanapuram directed the petitioner to surrender 220.78 acres of land in Sy. No. 959/1-1 of Kulathupuzha Village, Pathanapuram Taluk. A copy of the order of the Taluk Land Board, dated May 17 1974 is Ext. P1. Accordingly the Tahsildar, Pathanapuram took possession of the land on October 23, 1975. There was an attempt to reopen the case on the ground that the petitioner was not the 'lawful' owner of the land surrendered, but it was not successful. The order Ext. P1 has thus become final.

(2.) The petitioner is, under S.86 of the Act, entitled to compensation for the surrendered land which has vested in government. The amount of compensation is to be fixed by the Land Tribunal under S.90 of the Act, in accordance with the scale prescribed in sub-section (3A) of S.88. Accordingly the Land Tribunal, Pathanapuram fixed the compensation payable at Rs 88,312/-by the proceedings Ext. P2 dated April 8, 1976. The compensation has not however been paid despite repeated requests. The petitioner has therefore filed this original petition praying for direction to the respondents to pay the compensation as fixed in the proceedings Ext. P2 of the Land Tribunal

(3.) There is a counter affidavit filed on behalf of the first respondent State. It is stated therein that after the land was taken possession of by the Tahsildar, pursuant to the order Ext. P1, 200 acres were assigned to 200 persons as per sanction accorded by the Land Board, under S.96. Subsequently it was noticed that the land in question was "private forest" as defined in S.2 (f) of the Kerala Private Forests (Vesting and Assignment) Act, 1971, (the Vesting Act, for reference). Government bad clarified on November 28, 1983 that the provisions of the Vesting Act override the provisions of the Land Reforms Act. Therefore, government is not liable to pay the compensation fixed under Ext. P2, under the Land Reforms Act. The order Ext. PI of the Taluk Land Board, "has become infructuous" and not liable to be implemented, as the land stood vested in government free from all encumbrances on May 10, 1971 when the Vesting Act came into force. Consequently, the District Collector, Quilon has cancelled the assignment of 200 acres of land to the 200 allottees. In the circumstances the petitioner is not entitled to any relief.