Kerala
Madathumpadi
,
Puthenvelikkara
,
Ernakulam
Published :
Sep 2016
|
Updated :
Kerala Government's Decision to Use Paddy Fields for IT Park faces Opposition
Reported by
Dr. K.H. Amitha Bachan
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
960
People affected
2016
Year started
52
Land area affected
Households affected
960
People Affected
2016
Year started
52
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Technology
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Industry
Reason/Cause of conflict
Technology
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

An order by the Kerala revenue department was passed on March 2, 2016, handing over 95.44 acres in Ernakulam's Puthenvelikkara Panchayat and 32.41 acres of land in Madathumpadi village to RMZ Eco World Infrastructure Private Limited (Formerly Adarsh Prime Projects Pvt. Ltd. SEZ owned by controversial Godman Santhosh Madhavan) to set up a Hi Tech IT Park. The land, which consists of paddy fields, which required clearance and permission in accordance with the Paddy and Wetlands Act, 2008. The order also noted that the proposed Hi Tech IT Park would involve an investment of Rs 1,600 crore and 20,00030,000 direct and indirect employment opportunities. As per the government order, the deal was exempted from the land ceiling limit under Section81(3) of the Kerala Land Reforms Act. The land, which has been handed over to RMZ, had been stuck in a controversy earlier in 2012. Controversial godman Santhosh Madhavan and his accomplices had bought the land from several individuals and handed it over to then Adarsh Prime Projects Pvt. Ltd (now RMZ Eco World Infrastructure Private Limited)  in Bangalore. The firm is owned by him. However, the revenue department had opposed the deal when it came for documentation. A detailed inquiry was conducted and the Ernakulam District Collector had ordered that the land, where except 15 acres permissible under Land Reforms Act, excess land was to be transferred to Paravur Taluk Land Board. The company had also approached the High Court which ruled against them. Excess land was taken over by the Government. However, in 2016 the land was reallotted to RMZ Eco World Infrastructure Private Limited. There have been a series of protests by local communities against the government move, saying that the affected area includes Thazhamchira wetland. This wetland is a source for fresh water stability in the region, and is also a cattle rearing area for the local people. There are nearly 200 families that directly depend on the wetland. However on 24 March 2016, the government finally backtracked in the wake of strident opposition from several politicians. The same year, a petition was filed before the Muvattupuzha Vigilance Court demanding an inquiry against Chief Minister Oommen Chandy, Revenue Minister Adoor Prakash and three others over the alleged corruption in allotment of 112 acre of land to a business firm owned by controversial godman Santhosh Madhavan.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

1600

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

March 2016

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Revenue Department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

RMZ Eco World Infrastructure Private Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Santhosh Madhavan, Puthenvelikkara

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Dr. K.H. Amitha Bachan
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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Opposition against environmental degradation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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THE LCW COMMUNITY
Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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