Preamble

[Translation in English of “2005-ലലെ കകകോവളളം ലകകോടകോരളം (വവീലണ്ടെടടുക്കൽ വഴഴി ഏലറ്റെടടുക്കൽ) ആക‍് റ്റെ‍്" published under the authority of the Governor.]

ACT No. 25 OF 2005

THE KOVALAM PALACE (TAKING OVER BY RESUMPTION) ACT, 2005*

An Act to provide for taking over and Protection by resumption of the historic site of Kovalam Palace and the surrounding buildings and lands by the Government of Kerala.

Preamble.—WHEREAS, the Government of Kerala had sanctioned the possession of the Kovalam Palace and the adjacent property measuring 4.13.30 hectares along with other lands to the Department of Tourism, Government of India in the year 1970 for the purpose of development of tourism in Kerala pending finalization of the terms and conditions of transfer;

AND WHEREAS, the terms and conditions of transfer have not been finalised thereafter;

AND WHEREAS, the India Tourism Development Corporation, the agency of the Department of Tourism, Government of India which had been in possession of the Kovalam Palace and the surrounding buildings and lands had retransferred the possession of the buildings and lands to M/s. M-Far Hotels Limited, a company registered under the Companies Act, 1956 consequent on the privatization of Hotels by the Government of India during July, 2002;

AND WHEREAS, the said transfer was without the prior consent of the Government;

AND WHEREAS, the Government are still the owner and the title holder of the said Kovalam Palace;

AND WHEREAS, the Government had taken over possession of the Kovalam Palace building and a major portion of the surrounding lands on the 27th day of

Received the assent of the Governor on the 12th day of August, 2005 and published in the Kerala Extraordinary Gazette No. 1842 dated 12th August, 2005.

September, 2004 consequent on the Government Order in G.O. (P) No. 302/2004/RD issued on the 25th day of September, 2004;

AND WHEREAS, the Hon’ble High Court of Kerala has in its judgment dated the 8th April, 2005 in W.A. No. 1796 of 2004 in M/s. M-Far Hotels Ltd. and anotherVs. Union of India and othershas quashed the Government Order by which the possession was taken;

AND WHEREAS, the Hon’ble High Court has observed that the petitioner therein could not be dispossessed of property save by authority of law and also observed that the judgment would not stand in the way of the State of Kerala to proceed through a known process of law;

AND WHEREAS, the historic site of Kovalam Palace is also one of tourist attraction and serve the public purpose of tourism;

AND WHEREAS, it is expedient in the public interest to ensure that the interests of the general public are served by retaining the Kovalam Palace to serve the public purpose and in particular by retaining the Kovalam Palace and the surrounding lands as object of historic interest and heritage site;

AND WHEREAS, the above said object has to be achieved by retaining the Kovalam Palace and the surrounding lands as object of historic interest and heritage site;

BE it enacted in the Fifty-sixth Year of the Republic of India as follows:—