The interpretation of Section 96 of the KLR Act and the definition of public purpose in land assignment decisions.

A. MUHAMED MUSTAQUE, J.

1. This writ petition is filed by an elected member of Wandoor Grama Panchayat challenging governmental decision to allot 7.45 acres of land in Resurvey No. 460/1 of Wandoor Village, Nilamboor Taluk, Malappuram District for the purpose of establishing Arts and Science College by the sixth respondent-Society.

2. The land in question is vested with the Government under Section 86 of the Kerala Land Reforms Act, 1963 (for short, the "KLR Act").

3. Under Section 96 of the KLR Act, the Land Board is free to assign land vested with the Government under Section 86 of the KLR Act for the purposes, referred under Section 96. It is apposite to refer Section 96 hereunder:

"96. Assignment of lands by Land Board.- (1) The Land Board shall assign on registry subject to such conditions and restrictions as may be prescribed, the lands vested in the Government under Section 86 or Section 87, as specified below:

(i) the lands in which there are kudikidappukars shall be assigned to such kudikidappukars;

(ii) the remaining lands shall be assigned to-

(a) landless agricultural labourers; and

(b) smallholders and other landlords who are not entitled to resume any land.

Provided that eighty-seven and a half per cent of the area of the lands referred to in Clause (ii) available for assignment in a taluk shall be assigned to landless agricultural labourers of which one-half shall be assigned to landless agricultural d labourers belonging to the Scheduled Castes, the Scheduled Tribes, and such other socially and economically backward classes of citizens as may be specified in this behalf by the Government by notification in the Gazette.

Explanation 1. - For the purposes of this sub-section-

(a) a kudikidappukaran or the tenant of a kudiyirippu shall be deemed to be a landless agricultural labourer if he does not possess any other land.

(b) kudikidappukaran shall include a person who was a kudikidappukaran to whom a certificate of purchase has been issued under sub-section (2) of Section 80C.

(1A) Notwithstanding anything contained in sub-section (1), the Land Board may, if it considers that any land vested in the Government under Section 86 or Section 87 is required for any public purpose, reserve such land for such purpose.

(2) The Land Board shall not assign to any person more than one acre in extent of land.

(3) Where a person possesses any land, only so much land as will make the extent of land in his possession one acre shall be assigned to him."

4. The petitioner claims that there are 1125 landless people who have applied for allotment of land in Wandoor Grama Panchayat under the Zero Landless Citizens (Kerala) Scheme, 2015 and therefore, allotment overlooking their claim, is illegal and against the provisions of the KLR Act.

5. The sixth respondent-Society is formed by members of Scheduled Caste community. The purpose of the Society is to establish Arts and Science College. The Government has accorded sanction for commencing Aided Arts and Science Colleges in certain Districts of Kerala Pulaya Maha Sabha, Prathaksha Raksha Daiva Sabha and Indira Gandhi Memorial Society. The sixth respondent-Society therefore, made a request to the Government to assign land for the purpose of establishing the College as above.

6. The Government, it seems on being satisfied that the Sixth respondent-Society is formed for the upliftment of the Scheduled Caste members, decided to assign land in favour of the Society.

7. Though, Section 96 of the KLR Act refers to assignment of land to different class of persons and for different purposes and it does not indicate any priority, based on competing interest. It refers to assignment of land to landless agricultural labourers and also for assignment of land for any public purposes as the Government may decide.

8. In the absence of any prescription or priority right of claim, this Court need not address the issue of allotment of land to the landless persons for whom the claim is now put forward by the petitio