The court established that procedural fairness is essential in administrative decisions affecting rights under government schemes.

JUDGMENT

These Writ Petitions are the fall out of a Scheme implemented by the Government whereby it was decided to assign land to the members of the Scheduled Tribes of Pathanamthitta District invoking the provisions of the Kerala Land Assignment Act and the Rules framed thereunder under a Scheme known as the “Ashikkum Bhoomi Adivasikku”. The entire controversy revolves around the inclusion of property owned by a certain Thresiamma in the Scheme. A complaint was lodged by the petitioner in W.P.(C) No.21747 of 2019 and Smt. Sreeja R. before the Kerala State Commission for Scheduled Castes and Scheduled Tribes, Thiruvananthapuram and by order dated 15.2.2019 produced as Ext.P13 in W.P.(C) No.31246 of 2019, the Commission took the view that the property of the aforesaid Thressiamma was not suitable and issued further directions to the District Collector to initiate action against the persons who were responsible for identifying and selecting the said property. The prayer in W.P.(C) No.21747 of 2019 is for a direction to the District Collector, Pathanamthitta not to include the property of the aforesaid Thressiamma in the Land Bank of the District Collector, Pathanamthitta, or to purchase the property under the Scheme.

2. For the sake of convenience, reference to parties and Exhibits shall be as per their description in W.P.(C) No. 31246 of 2019.

3. The Government of Kerala formulated a Scheme for the purchase of land for landless Scheduled Tribe families as per order dated 03.09.2013. As per the Scheme, which is named as “Aasikkum Bhoomi Adivasikku”, the Government came up with an offer to provide financial assistance not exceeding Rs.10 lakhs to purchase land, which is suitable for residence and agricultural purposes for landless families of the Scheduled Tribe Communities. As per the Scheme, the beneficiaries were to find out the land, which shall not be less than 25 cents and not more than One Acres and the fact has to be informed to the Tribal Extension Officer. The Tribal Extension Officer in the presence of the beneficiary and the land owner would inspect the property and would ensure that the property is fit for dwelling and cultivation. After obtaining consent letter from the land owner and after complying with all procedural formalities, a Committee which consists of the District Collector, the District Planning Officer, the Tribal Development Officer and the Tahsildar concerned along with the Tribal Extension Officer is required to inspect the property and verify the proposal. Thereafter, sanction is to be accorded for purchase of the property.

4. The 8th respondent in W.P.(C) No.31246 of 2019, Smt. Thressiamma, was the owner in title and possession of 1.8049 Hectors of land comprised in Sy.No.780/1-2-3402 of Kollamula Village. The petitioners herein, who are the beneficiaries of the Scheme, pointed out the property of the 8th respondent and requested for purchasing the same for their residence and agricultural purposes. The property was verified by the Tribal Extension Officer and he was satisfied that the property was fit for purchase under the Scheme. As reported by him, the property was verified by the District Collector and other representatives and it was found that the property was suitable for purchase under the Scheme. The property was valued and the Tahsildar concerned fixed the market value of the land at Rs.38,500/- per cent. The Purchase Committee conducted a meeting on 05.12.2017 and decided to purchase 1 Hector 80.49 Acres of land at the rate of Rs.95,062/- per Are (Rs.38,486/- per cent). This was agreeable to the land owners as well. In terms of the Scheme, sale deeds were executed by allotting 25 cents each to the beneficiaries and it was registered. However, the sale consideration was not paid to the land owner.

5. Serious controversy erupted thereafter as a complaint was received that the property was unfit for residence and it was over valued. The Tahsildar concerned was directed to conduct an enquiry,