Kerala govt frames Rules to legalise 'pattah' land violations

The Kerala cabinet on Wednesday approved the Land Assignment (Amendment) Rules drawn up to implement the Kerala Government Land Assignment (Amendment) Act, 2023. The 2023 Act, which was passed unanimously in the Kerala Assembly, had amended the original 1960 Act allowing the government to regularise any violations in 'pattah' or government lands till June 7, 2024, the day the 2023 Amendment Act came into force. 

Under the Kerala Government Land Assignment Act, 1960, 'pattah' lands could be used only for agricultural purposes, house construction and beneficial enjoyment of the land by creating access roads and wells. Under the new Rules, all the changes that were made to the 'pattah' land, and the uses to which it had been put, in contravention of the 1960 Act will be made legal. Party offices and resorts that were built in violation of the conditions in the 1960 Act will be regularised. 

A second set of Rules will be introduced to decriminalise further violations of 'pattah' deeds for livelihood purposes. "Rules that will allow lands assigned exclusively for agriculture and construction of houses to be used for other livelihood purposes," is how the CM described the second set of Rules. Revenue minister K Rajan put it in blunt terms. "There is regularisation (first set) for the wrongs that have already been committed. For future wrongs, permission would be granted. For this, another set of Rules will come," he said.

The first set of Rules will contain the practical and administrative measures required to implement the 2023 amendment, which is the regularisation of the existing violations in 'pattah' land. Before it comes into force, the Rules will have to be vetted by the Assembly Subject Committee.

The Kerala Land Assignment (Amendment) Act, 2023, and the Rules that have now been framed is the culmination of a decades-long demand of the people of Idukki district. 

The High Court, while considering various cases related to unauthorised land encroachment in Idukki district in 2020, had made no-objection certificates mandatory for construction works in the district. The implementation of the court order had led to a virtual freeze of construction in the district. A political consensus to amend the 1960 Act soon emerged.

Title deeds or 'pattah' have been assigned mostly on the basis of the Land Assignment Rules 1964 and the 1995 Land Assignment Rules for municipal and corporation areas. However, government lands were also assigned under Rules framed for specific crops like rubber, cardamom, coffee and also forest areas suitable for agriculture. The new Rules will take care of the regularisation of such assigned lands, too.

"The government should not impede the freedom of an individual to use their 'pattah' land for livelihood purposes," the Chief Minister said. 

Residential buildings: Regularisation is required only if a land given for the construction of a house is used for other purposes. "All residential buildings within a 'pattah' land can be regularised by paying just an application fee," the CM said. Meaning, these buildings will be spared of the compounding fee slapped for commercial buildings found in 'pattah' lands. All residential buildings, irrespective of their floor area, will be regularised for a small fee.

Further, all government buildings, public spaces and commercial constructions not more than 3000 sq ft and used for livelihood purposes will also be regularised without compounding fee. This will also include party offices and buildings of religious and cultural organisations. If the authorities fail to take a decision within 90 days of the application, the permission will be deemed as given.

Time-bar violation: 'Pattah' land can be alienated only after a specific time. There are innumerable cases of land transfers that have flouted this condition. Owners who had secured the land by violating the time-bar can get their lands regularised by paying a certain percentage of the fair value of the land as a regularisation fee. 

Online portal: An online portal will be created for receiving applications for regularisation. The applicant will be given one year to submit the application. "If required, more time will be given," the Chief Minister said.

Extent of regularisation: Only the extent of land that was used for purposes other than was mandated under the 1960 Act will be regularised. The remaining portions will be subject to the original 'pattah' conditions. Any violations on this land will be regulated by the second set of Rules that will soon follow.