Chengara Land Agitation | 'Sovereign Obligation Of State To Honour Its Commitments': Kerala HC After Govt. Claims Scarcity Of Assignable Lands

The Kerala High Court on Thursday while dealing with a batch of petitions seeking expeditious distribution of available land to the landless Scheduled Caste and Tribe families at Chengara expressed its apprehension over the State's submission that there was a scarcity of assignable lands.

The individuals at Chengara have been fighting for their land for two decades, which soon shaped a campaign and came to be known as the 'Chengara land agitation'.

Justice Devan Ramachandran noted that this was a cause of concern particularly since these issues arose out of an agitation that had its own sordid consequences and that steps should be taken to prevent such events from happening again. 

"There is an underlying concept of social justice involved in these matters and hence it is the sovereign obligation of the State to honour the commitments under the agreement in question." 

The observation came after Senior Government Pleader Jafar Khan submitted that earnest efforts are being taken to sort out the issues but that the scarcity of assignable 'Puramboke' in Kerala is posing an impediment.

The State had also filed an affidavit sworn to by the Assistant Commissioner, Land Revenue Commissionerate detailing the measures taken to identify lands, so as to accommodate the petitioners and such other persons.

However, before examining the contents of the affidavit in detail, Justice Ramachandran prima facie opined that the stand taken by the State certainly causes some concern.

"I say this because, once the Government gave an assurance, which was indited into an agreement, then certainly, it is meant to be complied with and honoured; otherwise, the very sanctity of a sovereign guarantee would stand eroded."

The Court also reiterated that as the State was leaping forward with major projects, which will also create an additional burden on the lands available, the failure to honour earlier commitments will create a huge cause of concern in future.

"Excuses would be of no avail because petitioners and other effected persons have been awaiting justice for the last several years."

However, since the Government stated that they have detailed the steps taken by them in the affidavit dated 01.02.2022 and since the same was made available to the Court only today, the matter was adjourned to March 29 so that it can be examined better and so that the petitioners can respond to it appropriately.

Also Read: Chengara Land Agitation : Kerala High Court Condemns 20 Yrs Delay, Directs State To Notify Time Frame Required To Allot Habitable Land

Case Title: A.D. Johnson & Ors v. State of Kerala & Ors.

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