A significant policy shift by the Kerala government threatens to retrospectively legitimise years of documented land-use violations in the ecologically sensitive district of Idukki. This move effectively stands to nullify extensive administrative and legal efforts, pursued at public expense, which had identified and prosecuted serious breaches of land laws.
Systemic Violations Across Key Taluks
Records submitted by the Idukki district administration to the Kerala High Court in 2023 paint a picture of widespread, organised violations, not minor or isolated incidents. The illegal constructions were concentrated in the Udumbanchola and Devikulam taluks, specifically in areas like Chinnakanal, Bison Valley, Santhanpara, Pallivasal, and Munnar.
From these two taluks alone, officials identified 57 illegal constructions. This list included 18 resorts, 23 commercial establishments, and 13 residential structures. A critical finding was that a majority of these were large-scale commercial or institutional projects, not small dwellings. Many were built on government land or land assigned under restrictive statutes like the 1964 Land Assignment Rules, indicating deliberate and systemic flouting of laws.
Defiance of Stop Memos and Court Directives
The documents reveal a pattern of blatant disregard for authority. In Bison Valley, a political party office was constructed on government land, with work continuing despite explicit stop orders. In Santhanpara, multiple structures linked to political and organisational entities were found on restricted land.
One such case even escalated into a suo motu contempt proceeding before the High Court after construction persisted in defiance of judicial directives. The resort sector in Pallivasal and Munnar was a major offender. Establishments like Munnar Queen Resorts, Snow Line Resorts, Moon River Resorts, and Tea Village Resorts were built on land governed by special assignment rules. In several instances, construction and even operations continued after licences were cancelled and stop memos issued.
Violations also extended to cooperative institutions and trade bodies, with cooperative banks and associations building on government and patta lands despite orders to halt.
A Statewide Pattern and a Controversial Policy Reversal
The Idukki data is believed to be just a snapshot of a statewide issue. Officials privately concede that if this pattern is replicated elsewhere, the number of similar cases across Kerala could run into the hundreds.
This context makes the newly notified standard operating procedure (SOP) particularly contentious. Under the revised rules, violations committed before June 7, 2024 — including those on government land, patta land, and institutional properties — are eligible for regularisation. In effect, this means numerous cases that once triggered enforcement action and lengthy court battles may now be legally whitewashed.
The policy reversal raises profound questions about governance, the rule of law, and the message it sends regarding the consequences for powerful actors who systematically violate land-use regulations.
