The statutory entitlement to compensation under the Act must be recognized, irrespective of the regulations not being in effect.

J U D G M E N T

The petitioners have purchased various properties from members of Scheduled Castes and Scheduled Tribes after 1960, for valid consideration. Subsequently, proceedings were initiated against the petitioners under the provisions of the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act (for short “Act”), 1999, based on complaints filed by the transferors of the properties, namely respondent Nos. 6 to

8.

2. Thereafter, pursuant to the directions issued by this Court in Ext. P1, the Revenue Divisional Officer, by Exts. P2 and P3 proceedings, exercised powers under the Act, 1999, and ordered restoration of various properties in the possession of the petitioners.

3. The case of the petitioners in this writ petition is that, pursuant to Ext. P3 proceedings, the Village Officer, Agali, prepared a mahazar (Ext. P4), in which substantial improvements in the property were identified. According to the petitioners, they are therefore entitled to compensation under Section 8 of the Act, 1999.

4. In these circumstances, the petitioners have filed the present writ petition seeking a direction to the respondents to assess and fix the value of the improvements, for the loss sustained by them on account of the taking over of possession of 4.5 acres of property in Sy. Nos. 547/1, 547/2, and 547/3 of Agali Village.

5. I have heard Sri. Abdul Latheef, the learned counsel for the petitioners as well as Sri. Robin Raj, the Special Government Pleader (SC/ST) for the respondents herein. 6. A detailed statement has been filed on behalf of the respondents herein, wherein it is pointed out as under:

“Further, the value of improvements as mentioned in KST Act 1999, could be distributed to the eligible Non-ST's only after the new KST Rules as per KST Act, 1999 come into force. Also, the Government has to constitute the fund to provide grant to eligible members of the Scheduled Tribe to pay the value of improvements to the respondents of the TLA cases. Therefore, action for distribution of value of improvements to the Writ Petitioners and the respondents in the TLA cases, who restore alienated land to the Scheduled Tribe, will be taken as soon as the above mentioned procedures are completed.”

7. Thus, according to the respondents, it is only on account of the fact that the Rules framed pursuant to the Act, 1999 have not yet come into force that the petitioners have not been compensated in respect of the improvements identified in Ext. P4 mahazar.

8. This Court also notes that the funds required for extending compensation to the petitioners would ultimately have to be provided by the Government.

9. In my opinion, insofar as the property has been restored in accordance with the provisions of the Act, 1999, the petitioners are justified in contending that they are entitled to compensation as mandated under Section 8 of the Act. Merely because the Rules pursuant to the Act have not been framed or brought into force, the petitioners’ statutory entitlement to compensation ought not to be denied or unduly delayed. 10. In such circumstances, I am of the view that it is for the Government to intervene and find an appropriate solution to the predicament faced by the petitioners.

Accordingly, this writ petition is disposed of, directing the 1^st respondent to consider the claims made by the petitioners with reference to the mahazar at Ext. P4, as well as the provisions of Section 8 of the Act, 1999, and to take an appropriate decision on the petitioners’ claim for compensation. as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of the judgment.

Sd/-