Thiruvananthapuram: The State Cabinet on Wednesday approved the Land Assignment (Amendment) Rules, framed to implement the Kerala Government Land Assignment (Amendment) Act, 2023. The Act aims to regularise assigned lands that have been used in violation of existing guidelines. Several readers have raised doubts regarding the amendments. Revenue officials respond to some of the frequently asked questions:

Should commercial establishments that have building numbers and pay tax, but function on assigned land with the approval of local bodies, be regularised? What are the procedures?
Yes, they should be regularised. An application must be uploaded onto the Revenue Department's ReLIS portal, along with an affidavit on a ₹50 stamp paper. Details such as the district, taluk, and Thandaper certificate (which serves as a title deed or ownership certificate) should also be provided.

Once the details are submitted, the tahsildar concerned will forward an inspection report to the district collector. Regularisation can be completed within 60 days based on the tahsildar's report. Commercial buildings with an area of more than 3,000 square feet must pay a prescribed fee. If the affidavit contains false information, regularisation will be cancelled.

If the owner has approval to construct a residential building under the Land Assignment Rules, 1964, do they need to regularise their houses?
No. If a 'pattayam' (title deed or ownership certificate) has been issued for residential construction, no regularisation is required.

If no penalty has been imposed on houses, why should we pay an application fee and submit an affidavit on stamp paper? What are the procedures?
For houses or public buildings, the regularisation certificate will be issued within 24 hours of uploading details such as taluk and Thandaper to the ReLIS portal, along with an affidavit on a ₹50 stamp paper. No additional fee will be charged. However, an application and affidavit are necessary, since such cases are regularised without inspection.

Is regularisation possible while paying the annual land tax?
Yes. The process can be completed on the ReLIS portal in the same way as paying land tax. The system is user-friendly and accessible to all.

The amendment says construction carried out up to June 7, 2024, will be regularised. What about constructions after that date?
The government has announced that a further amendment will be introduced to cover such constructions.

Which office should applicants visit? What documents are required?
All procedures are online. For houses, only the Thandaper is required. For other buildings, a tax receipt or ownership certificate of the land, based on title deeds, must be provided.

Should constructions carried out with the permission of the Revenue Department in Idukki also be regularised?
Yes, they must also be regularised.

Can the fee be paid in instalments if it is too high?
No. The maximum fee will be 50 per cent of the property's fair value. However, no fee is applicable for ordinary houses or buildings meant for common use.

Are there any legal issues involved in selling or transferring regularised buildings?
No. There are no legal issues. The amendment rules, under the Amendment Act, have already been passed by the Assembly.

Can title deeds prepared for distribution be issued after incorporating the amendments?
No, they cannot.

Title documents issued more than 20 years ago are not available in land assignment offices. What should be done if title deeds are lost?

Title documents are not required for regularising houses or buildings for common purposes. An affidavit on a ₹50 stamp paper, along with the Thandaper and a copy of the land tax receipt, will suffice. However, for commercial buildings, title deeds or ownership certificates are mandatory.

Errors have crept into documents after the resurvey conducted following title deed distribution. How can these be corrected?
Such issues must be addressed through the existing procedure — submitting an LRM complaint to the tahsildar. It must also be ensured that the land is not under illegal possession. Hence, the LRM process is required.

Some title deed holders have not paid taxes due to lack of mutation certificates, and their land is still marked as 'puramboke' (unused revenue land). How can they regularise their buildings?
A mutation certificate and the clearance of all pending taxes are necessary to avail the benefits of the amendment.

Several illegal constructions have been carried out in the high ranges, anticipating the amendment. What will happen to them?
Only constructions completed before June 7, 2024, can be regularised.

Q: Does the amendment permit the free use of assigned land with title deeds?

A: The amendment allows regularisation of constructions completed before June 7, 2024. The government has stated that a further amendment will be brought in to cover later constructions.

If assigned land can be used for commercial purposes, does it mean the government is approving quarries?
Quarries that have cleared all statutory procedures and obtained a no-objection certificate can be regularised. However, this applies only to existing quarries. New queries will not be permitted. To regularise, quarries must pay 50 per cent of the land’s fair value.

Will political party offices and resorts built on assigned land be regularised?
Yes. They will have to pay a prescribed percentage of the land’s fair value as fees.

If an individual now owns land that was earlier sold in violation of title deed norms, will the previous owner bear any financial burden?
No. If the current owner has built a house on it, no fee is charged. If it is used for other purposes, the applicable fee must be paid.

The Land Assignment Act of 1960 does not explicitly restrict usage to houses and agriculture. Isn’t it wrong to now impose such restrictions?
The restrictions are specified in the rules.

Q: Since the amendment does not cover constructions after June 7, 2024, does it mean a complete ban?
 No. The government has announced that another amendment will be introduced to address constructions after that date.