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KAUSER EDAPPAGATH
Elstone Tea Estates Ltd. – Appellant
Versus
State Of Kerala Represented By The Chief Secretary – Respondent
JUDGMENT :
Kauser Edappagath, J.
In the early hours of July 30, 2024, the picturesque Wayanad District in Kerala witnessed India's worst-ever landslide triggered by torrential downpour, devastating three villages - Chooralmala, Mundakkai and Punchirimattom. The scale of destruction was unimaginable. The entire villages were swept away, claiming 251 lives, injuring many, and leaving more than 47 people missing. Besides, 1555 houses were totally damaged, and 452 houses were partly damaged. The district known for its fertile landscape and agricultural prosperity was plunged into despair.
2. The State Government, immediately after the landslide, came forward with a plan for a comprehensive rehabilitation process for the survivors. It took a decision to build a model township to rehabilitate displaced families permanently and restore the livelihood of the region as a part of disaster management measures in the land having an extent of 65.41 Hectares in Block No.28, Sy. No.366 of Kottappadi Village, Vythiri Taluk in Nedumbala Estate (hereinafter referred to as ‘subject property No.1’) and another land having an extent of 78.73 Hectares in Sy. No.88/1 in Block No.19 in the Elstone Tea Estate
The Disaster Management Act, 2005 permits the government to permanently acquire land for disaster management purposes, ensuring compensation for affected property owners under the eminent domain prin....
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
The State must comply with due process for land acquisition and compensate fairly; failure to follow procedures amounts to a constitutional violation.
The court held that delay does not negate the right to compensation for property unlawfully appropriated by the State, emphasizing the need for due process and just compensation under established law....
The court affirmed that oral consent for land acquisition must be evidenced in writing, and deprivation of property without compensation violates constitutional rights.
State must compensate citizens for property utilized for public projects under due process. Delay in claiming rights does not preclude entitlement if injustice persists.
The court emphasized the need for expeditious consideration of land ownership claims under disaster management law, ensuring fair hearing for all parties involved.
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