Rules to grant unrestricted land use rights to settlers get Kerala cabinet nod

Decision will bring relief to thousands who have faced hardships due to rigid restrictions: CM Pinarayi Vijayan
The rules approved on Wednesday cover two major aspects: Regulating diversion of land already allocated under pattas and Granting conditional permission to use such land for other livelihood-related purposes.
The rules approved on Wednesday cover two major aspects: Regulating diversion of land already allocated under pattas and Granting conditional permission to use such land for other livelihood-related purposes. Photo | Express illustrations
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THIRUVANANTHAPURAM: Bringing in major relief to thousands living in the highranges, the cabinet on Wednesday promulgated rules for the Kerala Land Assignment (Amendment) Act - 2023 to provide unrestricted land use rights to people living on assigned land. With framing of rules, the government can now regularise violations of land use norms so that settlers won’t be under legal entangles.

Announcing the decision, Chief Minister Pinarayi Vijayan said the decision will bring relief to thousands of families, who have faced persistent hardships due to rigid land-use restrictions. Briefing the media after the cabinet, along with Revenue Minister K Rajan, the CM said resolving land issues of hill dwellers has been one of the key objectives of the LDF government since it assumed office in 2016.

“The Land Assignment (Amendment) Act was passed in the Assembly in September 2023, ending a six-and-a-half-decade wait for the people of hilly areas. The governor gave assent in April 2024, and the law was notified in June 2024. Now, with the cabinet approving the rules, the law is ready for implementation,” chief minister said.

Relief for patta holders

Under the original Act of 1960, land was allotted to individuals for agriculture, housing, and small commercial activities. However, those who later deviated from the specified purposes were caught in legal complications, including court-ordered restrictions. The new amendment seeks to regularise such cases by allowing alternative uses without jeopardising livelihoods. The rules approved on Wednesday cover two major aspects: Regulating diversion of land already allocated under pattas and Granting conditional permission to use such land for other livelihood-related purposes.

Houses constructed for the owner’s residence will be regularised with only a nominal application fee, as compounding charges will be completely waived. In cases where patta land was transferred in violation of the stipulated time limits, regularisation will be possible by paying a fixed percentage of the fair value.

To simplify the process, the government will launch an online portal where owners can submit applications. They will be given up to one year to apply for regularisation, with provision for an extension if required. Commercial and industrial structures up to 3,000 sq ft used for livelihood purposes will be regularised without charging compounding fees. Large buildings will attract graded charges - from 5%of fair value for those between 3,000-5,000 square feet, up to 40% for those exceeding 25,000 sq ft. Structures larger than 50,000 sq ft , as well as quarries, will be charged 50% of fair value.

Exemptions will apply to a wide range of institutions and organisations, including educational establishments, places of worship, cooperative societies, cultural bodies, hospitals, and government-approved buildings. These will either be regularised free of cost or for minimal charges. “This is a democratic amendment, framed after extensive consultations with political parties, religious and community leaders, environmentalists, media representatives, and legal experts. The rules strike a balance between livelihood needs and ecological concerns,” chief minister explained.

Infra push: Anakkampoyil-Meppadi tunnel

The CM announced that construction work on the much-anticipated Anakkampoyil-Kallady-Meppadi tunnel road will begin on August 31, following environmental clearance. The Rs 2,134.5-crore project, funded through KIIFB, will include an 8.1 km twin-tunnel system. Land acquisition in Kozhikode and Wayanad districts is almost complete, with forest land already handed over and 90% of private land secured.

Once operational, the tunnel will reduce the distance between Anakkampoyil and Meppadi to just 22 km, offering faster access to Tamil Nadu and Karnataka.

Operation D-Hunt

Giving an update on anti-narcotics measures, the chief minister said that between February 22 and August 25, authorities had checked 3.82 lakh people as part of Operation De-Hunt, registering 23,652 cases. A total of 24,986 people were arrested, while seizures included 16 kg of MDMA and more than 2,144 kg of cannabis.

Onam welfare package

Despite fiscal constraints, the chief minister announced a comprehensive Onam welfare package worth Rs 19,575 crore. Of this, Rs 12,100 crore will cover salaries, pensions, bonuses, festival allowances, and relief payments. Another Rs 1,800 crore is allocated for two installments of welfare pensions.

File adalat progress

The chief minister said that File Adalat, launched on July 1 to expedite clearance of pending files, has disposed of 53.87% of files across the Secretariat, Directorates, and regulatory institutions, with some directorates recording clearance rates above 70%.

Concerns over GST revision

On fiscal matters, the chief minister voiced strong concern over the Centre’s proposal to revise the GST rate structure, warning that it could further erode Kerala’s revenue base. He said a letter had been sent to Prime Minister Narendra Modi urging urgent steps to protect the interests of states.

Under the Kerala Land Assignment Act of 1960, land titles were granted for purposes such as agriculture, housing, and small-scale commercial use. But many people later used or transferred such lands for other purposes. This resulted in disputes and prolonged legal battles. To end such issues and protect the livelihood of many people, the state government conducted the Land Assignment Amendment Act.

This got passed by the assembly on September 14, 2023, and got the governor’s assent on April 27, 2024. The amendment law was officially notified as the Land Registry Act, 2023, on June 9 — marking the end of a wait. spanning more than six decades for residents in the high ranges.

The government’s decision will provide relief to several families in the high ranges who had made minor alterations to their land for livelihood. Decades ago, many farmers who began cultivation in these areas also built houses within their farmland, which later received electricity connections and house numbers.

However, their successors often faced hurdles while renovating these houses as they were marked in records as land for farm use. The new move will allow such genuine applicants to regularise their homes after proper verification of property documents. Officials clarified that the concession will not apply to ecologically sensitive areas.

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