Kerala: Harrison again appeals to the High Court for weakening the rehabilitation of Wayanad landslide victims. Harrison filed an appeal in the division bench against the single bench decision, which allowed the government to acquire land under the Disaster Management Act, 2005 for the construction of townships for the rehabilitation of Mundakkai and Churalmala disaster victims. In a way, Harrison is provoking the government through the appeal. In the appeal, Harrison said that the court’s order to acquire land under the Disaster Management Act was wrong. The appeal demanded that there is no provision for permanent acquisition of private land under the Disaster Management Act and the single bench decision should be canceled as it is not legal. If permanent acquisition of land is to be done then compensation should be given as per the 2013 Act. Harrison argues that the land should be acquired and compensation should be given using some other law.
Harrison said that 43 workers of the estate died in the landslide disaster. Many workers are missing. A part of the garden was washed away by the landslide. The company also suffered heavy losses in the landslide. So he told that the company was also a victim of the landslide. Even before the High Court’s decision, Sultan Bathery filed a civil case in the court accusing the government of fraud. Government to conduct the case. Harrison’s appeal states that the appointment of a lawyer was in danger.
Harrison’s appeal has opened a new way for the government. Former Revenue Principal Secretary Dr. V. Venu ordered the filing of a case in the civil court in 2019. Accordingly, a civil case was filed on behalf of Harrison Company and those who bought land from them in Kollam, Pathanamthitta and Kottayam districts. A civil case was filed on behalf of half the estates in Idukki district. A total of 31 cases were filed in the civil court. So filing a civil case in Wayanad is not the first action.
Harrison has not cited the 2014 High Court Division Bench decision in the present appeal. The government has not yet filed an appeal in the High Court seeking removal of the incorrect reference to Harrison owning the land in Justice Kauser Edappagam’s judgment. However, Harrison filing an appeal opens up a new front for the government in the case. You may ask the High Court why the government should pay money to acquire government land.
Harrison’s interest is that rehabilitation of disaster victims in Wayanad should be stopped at all costs. If rehabilitation is prolonged, disaster victims will turn against the government. The government decided to acquire plantation land for rehabilitation because there is no other land to acquire in Wayanad. Only leasehold rights exist in the documents submitted by the plantation holders.
