The Kerala high court on Monday upheld a single bench order that declared as unconstitutional and void a 2005 law, The Kovalam Palace (Taking over by Resumption Act).
The order by a division bench comprising of acting chief justice Ashok Bhushan and justice A M Shaffique came while considering an appeal filed by the state government against a single bench decision on January 7, 2011. Senior Supreme Court lawyer M N Krishnamani had represented the state government in the case, reports Times of India.
Upholding the single bench order, the division bench said even though the government has powers to legislate, it cannot bring in a law vesting private land in itself. The court turned down the government’s argument that the palace is a heritage site. If it was a heritage site, the government wouldn’t have handed over the palace to India Tourism Development Corporation, it said.