The Kerala government’s claim that land designated for widening National Highway 85 (Kochi-Dhanushkodi) between Neriamangalam and Valara is a revenue holding, long ago disreserved, directly contradicts the findings and concerns of the State Forest Department. These objections were notably raised during a recent high-level meeting.
A Change in Stance
The State Chief Secretary recently submitted a new affidavit to the Kerala High Court. This filing reversed the government’s previous position, which had acknowledged the disputed land parcel as an integral part of the Malayattoor Reserved Forest.
The senior official explained to the court that the initial counter affidavit, submitted in response to a petition challenging the National Highway Authority of India’s (NHAI) road construction without Forest Conservation Act clearance, did not accurately reflect the factual and legal standing of the land. It was stated that many crucial documents regarding the land’s true nature were unavailable at the time of the first submission.
Furthermore, the State argued that it is neither legally nor factually sound to classify this specific 90-year-old stretch of an existing continuous road as forestland.
However, the State Forest Department had previously maintained unequivocally that the Neriamangalam-Valara section of the road had never been officially deforested. They contended that the disafforested areas of Malayattoor Reserve were separate and had no physical connection to the contested highway stretch.
The department had consistently opposed the NHAI’s project, asserting that the portion of the road where work was underway remained reserved forest unless explicitly dis-reserved through official notification.
Facts compiled by the Forest Department for the now-withdrawn counter affidavit indicated that the survey numbers for the area in question were recorded as part of the Malayattoor Reserve in the Basic Tax Register of Mannamkandam village.
The Forest Department also stressed that the disputed area had never been used for non-forest purposes and continued to meet all legal definitions of a forest.
Sources indicate that senior Forest officials voiced these strong objections at a recent meeting convened by the Chief Minister to discuss the issue. Nevertheless, their concerns were reportedly dismissed after a senior Revenue Department official asserted that the land was indeed a revenue holding.
During the meeting, it was also highlighted that the genuinely disreserved area actually began from the 46-mile 5-furlong mark of the Aluva-Munnar road, extending up to the 56-mile 5-furlong mark, which is currently within Adimaly town. This location is distinctly separate from the Neriamangalam-Valara stretch, contrary to the government’s claims, according to those familiar with the proceedings.
The Kerala High Court is scheduled to hear this complex case next week.