Thiruvananthapuram: The Kerala government's move to regularise land in the possession of religious bodies, including places of worship, has already caused unease in a few quarters. Considering the anxieties over the planned move, the Council of Ministers has made it clear that though surplus land of up to 1 acre with places of worship would be regularised by issuing title deeds, they would not be allowed to use this for commercial purposes. If this norm is violated, the government would take back the land.
It was reported that the Cabinet has given in-principal nod to issue title deed to excess land of up to one acre belonging to religious establishments and up to 75 cents in possession of organisations maintaining burial grounds.
The government has now clarified that title deeds would not be issued for land taken on lease, instead the lease would be renewed. However, religious bodies can construct the buildings on this land as per their need.
Only up to 15 cents of land without adequate records and used for commercial purposes by religious establishments, art and cultural outfits, libraries and charity organisations would be issued title deeds by levying the market value. However, prime land in the heart of the cities would not be given.
In the case of non-commercial land possessed by such establishments and outfits, the government would regularise only the minimum area needed for each organisation. A maximum of 50 cents would be given to religious establishments, while others would be given up to 10 cents. The amount levied from them would be higher than that those charged from the places of worship.
What about more than an acre
Even when the government says that up to one acre of surplus land would be issued title deeds, uncertainty looms over the remaining land. It remains to be seen whether it is practically possible to take back the remaining land. Vast swathes of land are often found to be in control of religious establishments but the government gets paltry revenue from them owing to lack of records on clear entitlement. Is leasing them out a way out?
Special power
The government would invoke the special power vested on it as per Rule 24 of the 1964 Land Reforms Act to issue title deeds. It can also issue title deeds as per the rule 21 of the Rules for Assignment of Land within municipal and corporation areas 1995. In other words, no new rule would have to be framed or existing rules amended to execute the plan.
As per the proposed plan title deeds are issued by classifying the land into four categories. If the land was taken on lease before Independence, then 10 per cent of the fair value needs to be given for obtaining title deed. If the land was taken on lease or taken over during the period from August 15, 1947, to November 1, when the state of Kerala came to existence, then 25 per cent of the fair value has to be remitted. Fair value has to be given for land taken over during November 1, 1956, to January 1, 1990. The current market value has to be given for land taken for lease during January 1, 1990, to August 25, 2008.
For all cases, the documents with details explanations have to be submitted to the government. The government can take a call on each case using its discretion.
Ministers apprehensive
During the recent Cabinet meet, where an in-principal approval was given to issue title deeds for surplus land belonging to religious establishments by levying a stipulated amount from them, some ministers had reportedly voiced their apprehension. However, Revenue Minister E Chandrasekharan said that it was wrong to prolong the decades-old issue.
The issue had been under government's consideration for two years. Legal and finance departments have made it clear that the decision can be implemented with conditions, the minister pointed out.
The chief secretary and revenue principal secretary have been tasked with studying the legal and practical problems after considering the cabinet instructions, and make a decision.
It is unlikely that there would be major changes in the decision. If policy changes are needed, the issue would return for the consideration of the cabinet. Otherwise the government can hold discussions with the revenue minister and file final frame-work for the order.
Kummanam urges govt to back off
Kerala BJP leader Kummanam Rajasekharan has urged the government to back off from its decision to regularise land with religious bodies.
"It is done with bad intentions. The government has come up with the decision even when there are lot of rumours surrounding the proposed airport at Erumely," he said.
"The decision would mostly affect the temples. There are clear-cut norms, commission reports and court verdicts on the temple land. Temples have lost lakhs of acres of land.
“The Devaswom Board had played behind the scenes to prevent the Erumely Devaswom from seeking the thousands of acres of land it had lost. During the Colonel Munro's tenure, the devaswom lost 4 lakh acres of lands. All that was considered as revenue land then. These land should be returned to the temple, Kummanam added.