Files criminal complaint with SP on direction from Central Empowered Committee

Acting on a direction from the Supreme Court-appointed Central Empowered Committee (CEC), the Nilgiris district administration has filed a criminal complaint with the Superintendent of Police about an estate being illegally occupied.

In its report to the apex court, the Central Empowered Committee had detailed violations of the apex court’s orders of 1977 and 1997 with regard to alienation of properties and expansion of plantations in janmam lands in Gudalur.

On February 15, 1977, the Supreme Court, while staying settlement proceedings, directed that “petitioners also undertake not to alienate any part of the properties involved in writ petitions, whether by way of sale, mortgage or change otherwise till the disposal of the writ petition.”

In another order on March 4, 1997, the Court had directed that there would be no further expansion of plantation, which would apply to janmam lands as well.

Change in ownership

In this context, the CEC said that the ownership of six major lease holders had changed hands during the pendency of the court case and in violation of the conditions of non-alienation of land.

While the legal position was that all the properties of the lessees were vested with the government after the notification of the Janmam Act in 1974, the CEC noted that the lessees had no legal right to transfer rights to any other legal entity.

The CEC said that it was told that the lease of one of the estate holders, A.J. Gonsalves, had expired on July 22, 1990 and the estate lands were being illegally enjoyed by the present occupant without a registered transfer deed.

“A criminal complaint has been lodged with the S.P. that the estate has been illegally occupied,” said a senior official in the district administration.

“As regards merger, demerger and amalgamation of five other estates, the CEC said that these companies had no locus standi to claim any rights as successors in the estate as they had acquired rights during the operation of the stay between 1977 and 1999, during the pendency of proceedings in civil appeals Nos. 367-375 of 1977 and Nos. 1344-45 of 1996 before the Supreme Court.

“Therefore, their continuance of the possession of the estate lands becomes illegal,” the CEC said adding that these companies had no locus standi whatsoever to prosecute / defend any claim before any authority / court on behalf of the estates.

“Besides, their predecessors, by transferring / alienating estate lands vested with the government had violated the 1977 Court order, it added.