3 weeks ago
Kerala High Court quashes Lakshadweep order reclaiming pandaram lands
Imagine your family has lived on a piece of land and grown coconut trees there for a very, very long time — since your great-great-grandparents.
Now imagine the government suddenly said it wanted that land to build hotels for tourists and would only pay you a little bit.
That almost happened to people who live on islands called Lakshadweep, in India.
Their land is called "pandaram land," and the families who use it are called "cowldars."
In 2024, the government made an order saying it could take the land back and would pay only for things like buildings people had added, not the land itself.
The families were scared of losing their homes and went to court, where judges decide what is fair.
Almost two hundred families asked the judge for help.
The Kerala High Court said, "No, the government cannot take the land that way," and stopped the order.
The court also told the government to give the families special papers, called occupancy certificates, so everyone knows the land belongs to them — and to do this within six months.
A leader named Hamdullah Sayeed said this was a big win for the people of Lakshadweep.
The Kerala High Court quashed the June 27, 2024 order of the Collector of Lakshadweep that allowed the government to take over pandaram lands and evict occupants.
Justice T R Ravi directed that occupants of the pandaram lands be given occupancy certificates within six months.
Nearly 200 petitions challenged the order, which was issued as the administration planned to use the islanders' land for tourism development.
Petitioners, including 20 Scheduled Tribe cowldars represented by advocate Ajith G Anjarlekar, said compensation was offered only for legal improvements and that the eviction bypassed procedures under the Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Lakshadweep MP Hamdullah Sayeed welcomed the verdict as "a historic decision" upholding the land rights and constitutional protections of the people.
- Who
- The Kerala High Court, led by Justice T R Ravi; the Lakshadweep administration and its Collector; nearly 200 islander petitioners, including 20 Scheduled Tribe cowldars represented by advocate Ajith G Anjarlekar; and Lakshadweep MP Hamdullah Sayeed.
- What
- The court quashed the June 27, 2024 Collector's order that allowed the government to reclaim pandaram lands and evict occupants, and directed that occupancy certificates be issued within six months.
- Where
- The Kerala High Court in Kochi, concerning pandaram lands in the Union Territory of Lakshadweep.
- When
- Wednesday, August 5, according to the report dateline.
- Why
- The administration sought the land for tourism development, but the court found the takeover violated the lawful land rights of occupants who had held the land for 140 years without due process under the 2013 land acquisition law.
Key facts
- Court
- Kerala High Court
- Judge
- Justice T R Ravi
- Order quashed
- June 27, 2024 order of the Collector of Lakshadweep
- Direction
- Occupancy certificates for pandaram land occupants within six months
- Petitions
- Nearly 200
- Petitioners
- 20 Scheduled Tribe cowldars among the petitioners
- Land origin
- Leased for 40 years in the pre-independence era by the British government for coconut cultivation; held for about 140 years
- Stated purpose of take-over
- Tourism development
Quotes
MP Hamdullah Sayeed
Member of Parliament representing Lakshadweep
“"The judgment sends a clear and significant message that any action affecting the lawful rights of the people must be undertaken strictly within the framework of the Constitution and the rule of law."”
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