KOCHI: The Kerala High Court on Tuesday stayed the government’s decision to recover about 85.21 acres of tribal land which is in the possession of Suzlon Energy Ltd at Attapady hills in Palakkad.Justice P N Ravindran passed the order while admitting a petition filed by Suzlon challenging the government decision to take over the land, allegedly belonging to the tribal people, and the two wind mills that have been set up in the land. The government had directed the Palakkad District Collector to take steps to recover the land occupied by the company. The government also directed the Collector to assign the land to members of the Scheduled Tribes. According to the company, re-conveyance of tribal land had to be done in accordance with the provisions of the 1999 Act. But in this case, the takeover was on the recommendations of the government-appointed high-powered committee. Pursuant to the direction, the Collector asked the Sub Collector of Ottappalam to implement the government order.The petitioner argued that the government had no power to pass an order to takeover the tribal lands on the basis of the report. The Revenue Divisional Officer is the competent authority to order re-conveyance of land and that can be done only on the basis of an application filed by any person entitled to the possession of the land.The court accepted the contention and said that under Restoration of Lands to Scheduled Tribe Act 1999, the government had no power to direct restoration of land to a person. Suzlon had erected 31 windmills in Attappady where its subsidiary Sarjan Realities Ltd had bought tribal land, allegedly through fraudulent means.
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