A Policy Turnaround: Kerala Moves to Regularise Land-Use Violations

Regularising Land-Use Violations in Idukki: A Policy Turnaround

Land-use violations reported in Idukki over the past several years, once considered serious legal offences that even warranted court intervention that have now become the focal point of a major policy shift by the Kerala government.

What makes this shift particularly significant is that these cases were pursued using public resources. District officials, revenue personnel and law enforcement agencies spent years identifying these violations, issuing stop memos and defending their actions in court, all at public expense.

Ironically, the very same violations that were prosecuted in the name of the government, using taxpayers’ money, are now set to be retrospectively legalised under a newly notified Standard Operating Procedure (SOP). This move effectively nullifies years of administrative and legal effort.

According to documents submitted by the Idukki district administration before the Kerala High Court in 2023, these violations were neither isolated nor minor. They were spread across the Udumbanchola and Devikulam taluks, particularly in areas such as Chinnakanal, Bison Valley, Santhanpara, Pallivasal and Munnar. The violations included party offices, cooperative institutions, resorts and other commercial establishments, many of which continued functioning even after stop memos were issued.

From these two taluks alone, the district administration identified 57 illegal constructions:

• 18 resorts
• 23 commercial establishments
• 13 residential complexes

A closer examination of this list reveals that a substantial proportion consists of large commercial ventures or institutional constructions. Many of these were built either on government land or on land governed by strict regulations such as the Land Assignment Rules of 1964. This clearly indicates that the violations were not inadvertent but systemic and deliberate.

In Bison Valley, the district administration identified a political party office constructed on government land. Despite explicit orders to halt construction, the work continued. In Santhanpara, several constructions linked to political and organisational entities were found to be in violation of the 1964 land assignment rules. One such case escalated to suo motu contempt proceedings by the High Court after construction continued in defiance of court orders.

The highest number of violations was reported in Pallivasal and Munnar. According to records submitted to the court, the following resorts were constructed in violation of specific land assignment regulations:

• Munnar Queen Resorts
• Snow Line Resorts
• Moon River Resorts
• Green Pepper Resorts
• Tea Village Resorts
• Forest County Resorts

In many cases, construction activities continued even after licences were cancelled and stop memos were issued. Some projects became operational despite ongoing legal challenges.

The records also point to violations involving cooperative institutions and trade organisations. Buildings linked to cooperative banks and associations were found on both government land and assigned land. Officials documented that construction continued despite clear orders to stop work.

These findings represent only a small fraction of the overall situation in the state. While the data pertains solely to two taluks in Idukki district, it reveals a broader pattern of large-scale, organised violations involving influential actors rather than isolated infractions. As officials privately acknowledge, if similar patterns exist elsewhere, the number of such cases across the state could run into the hundreds.

This context is crucial when examining the new regularisation regime. Under the revised rules, land-use violations on both government land and assigned land committed before 7 June 2024 are eligible for regularisation. In effect, many cases that once led to legal action and prolonged court battles may now be rendered lawful.