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2015 DIGILAW 1225 (KER)

UMMAN A. G. v. STATE OF KERALA

2015-09-03

A.MUHAMED MUSTAQUE

body2015
JUDGMENT : A. MUHAMED MUSTAQUE, J. 1. This writ petition is filed by an elected member of Wandoor Grama Panchayat challenging governmental decision to allot 7.45 acres of land in Resurvey No. 460/1 of Wandoor Village, Nilamboor Taluk, Malappuram District for the purpose of establishing Arts and Science College by the sixth respondent-Society. 2. The land in question is vested with the Government under Section 86 of the Kerala Land Reforms Act, 1963 (for short, the "KLR Act"). 3. Under Section 96 of the KLR Act, the Land Board is free to assign land vested with the Government under Section 86 of the KLR Act for the purposes, referred under Section 96. It is apposite to refer Section 96 hereunder: "96. Assignment of lands by Land Board.- (1) The Land Board shall assign on registry subject to such conditions and restrictions as may be prescribed, the lands vested in the Government under Section 86 or Section 87, as specified below: (i) the lands in which there are kudikidappukars shall be assigned to such kudikidappukars; (ii) the remaining lands shall be assigned to- (a) landless agricultural labourers; and (b) smallholders and other landlords who are not entitled to resume any land. Provided that eighty-seven and a half per cent of the area of the lands referred to in Clause (ii) available for assignment in a taluk shall be assigned to landless agricultural labourers of which one-half shall be assigned to landless agricultural d labourers belonging to the Scheduled Castes, the Scheduled Tribes, and such other socially and economically backward classes of citizens as may be specified in this behalf by the Government by notification in the Gazette. Explanation 1. - For the purposes of this sub-section- (a) a kudikidappukaran or the tenant of a kudiyirippu shall be deemed to be a landless agricultural labourer if he does not possess any other land. (b) kudikidappukaran shall include a person who was a kudikidappukaran to whom a certificate of purchase has been issued under sub-section (2) of Section 80C. (1A) Notwithstanding anything contained in sub-section (1), the Land Board may, if it considers that any land vested in the Government under Section 86 or Section 87 is required for any public purpose, reserve such land for such purpose. (2) The Land Board shall not assign to any person more than one acre in extent of land. (1A) Notwithstanding anything contained in sub-section (1), the Land Board may, if it considers that any land vested in the Government under Section 86 or Section 87 is required for any public purpose, reserve such land for such purpose. (2) The Land Board shall not assign to any person more than one acre in extent of land. (3) Where a person possesses any land, only so much land as will make the extent of land in his possession one acre shall be assigned to him." 4. The petitioner claims that there are 1125 landless people who have applied for allotment of land in Wandoor Grama Panchayat under the Zero Landless Citizens (Kerala) Scheme, 2015 and therefore, allotment overlooking their claim, is illegal and against the provisions of the KLR Act. 5. The sixth respondent-Society is formed by members of Scheduled Caste community. The purpose of the Society is to establish Arts and Science College. The Government has accorded sanction for commencing Aided Arts and Science Colleges in certain Districts of Kerala Pulaya Maha Sabha, Prathaksha Raksha Daiva Sabha and Indira Gandhi Memorial Society. The sixth respondent-Society therefore, made a request to the Government to assign land for the purpose of establishing the College as above. 6. The Government, it seems on being satisfied that the Sixth respondent-Society is formed for the upliftment of the Scheduled Caste members, decided to assign land in favour of the Society. 7. Though, Section 96 of the KLR Act refers to assignment of land to different class of persons and for different purposes and it does not indicate any priority, based on competing interest. It refers to assignment of land to landless agricultural labourers and also for assignment of land for any public purposes as the Government may decide. 8. In the absence of any prescription or priority right of claim, this Court need not address the issue of allotment of land to the landless persons for whom the claim is now put forward by the petitioner. The question need to be addressed is whether the claim of the sixth respondent would fall within the ambit of the public purpose or not. 9. The public purpose necessarily connotes a purpose for which a public has an interest at large. Essential requisite of public purpose is to benefit the public and not to benefit private interest of an identifiable individual or group. 9. The public purpose necessarily connotes a purpose for which a public has an interest at large. Essential requisite of public purpose is to benefit the public and not to benefit private interest of an identifiable individual or group. There cannot be any dispute that Arts and Science Colleges would benefit the students community in common, inhabited in and around the Wandoor Grama Panchayat. Certainly it is in the province of the Government to resume the land, if the land in question is not put to use for any public purpose. The education being a State function, the same being attempted to be discharged through a private entity will not lose its colour of public purpose merely because the college is established by a private entity. 10. It is in the wisdom of the Government to assign the land for any public purpose, even though the individuals are longing for such assignment of land under the Governmental Scheme in their favour. The Government having exercised wisdom in accordance with the statutory obligations, this Court cannot substitute the wisdom of the Government. Therefore, this Court is of the view that the impugned orders do not suffer from any infirmity. Accordingly, the writ petition fails and it is dismissed. No costs.