Kerala Land Assignment Regularisation.

​Overview of Land Assignment Rules in Kerala

​The Government of Kerala has approved amendments to the Land Assignment Rules, a significant step that addresses the long-standing concerns of people living in hilly regions. These changes aim to regularize constructions on assigned land that were not in line with the original conditions of the land title deed (patta) or were not used for the purpose for which they were assigned.

​The following is a detailed breakdown of frequently asked questions and answers regarding these new rules, as provided by Shanavas Chithara from the Revenue Department, Thiruvananthapuram Collectorate.

​Regularization of Commercial and Residential Buildings

​1. Regularization of Commercial Buildings

Even if a commercial establishment was built years ago with permission from a local body, it must be regularized under the new rules. To apply, you must submit an application on the Revenue Department's ReLIS portal. The application requires details such as the district, taluk, and thandapperu (land tax record number), along with a sworn affidavit on a Rs. 50 stamp paper and other necessary documents.

​The Tahsildar will conduct an investigation and submit a report to the Collector. Based on this report, the regularization will be completed within 60 days. Commercial buildings with an area exceeding 3,000 sq. ft. will have a specified fee. If the information in the affidavit is found to be false, the regularization will be canceled.

​2. Regularization of Residential Buildings

If the land was originally assigned for building a house, you do not need to regularize it. However, for other houses and public buildings, you must still apply.

​3. Application Process for Houses and Public Buildings

While there is no fine for houses and public buildings, an application fee and an affidavit on Rs. 50 stamp paper are required. The application process for houses and public buildings is also done through the Revenue Department's ReLIS portal. After submitting the application with the required documents and affidavit, you can receive the document within 24 hours. The application and affidavit are necessary because these are regularized without a physical inspection.

​General Procedures and Fees

​1. Applying During Tax Payments

Yes, regularization can be done through the same ReLIS portal used for paying land taxes. The process is designed to be user-friendly for the general public.

​2. Constructions After June 7, 2024

The current amendment only regularizes constructions made up to June 7, 2024. The government has announced that new amendments will be brought in to address constructions made after this date.

​3. Where to Apply and What Documents Are Needed?

The entire process is online.

• ​For houses, you only need the thandapperu (land tax record number).

• ​For other constructions, you will need the land tax receipt or the deed of the land based on the title deed.

• ​For commercial buildings, you need the title deed or the deed from which the ownership was transferred, along with other necessary documents.

• ​For houses and public buildings, title deeds are not mandatory; the thandapperu, land tax receipt, and an affidavit on a Rs. 50 stamp paper are sufficient.

​4. Can Construction in Idukki Be Regularized?

Yes, constructions in Idukki that were carried out with revenue department permission also need to be regularized.

​5. Paying Fees in Installments

No, a lump sum payment is required. The maximum fee can be up to 50% of the fair value of the land. However, there are no fees for houses, public buildings, or public places.

​6. Legal Issues with Selling Regularized Buildings

There are no legal issues with buying or selling a regularized building, as the amendment is based on a law passed by the legislative assembly.

​7. Title Deeds Ready for Distribution

Title deeds that have been prepared for distribution cannot be issued with this new amendment.

​Addressing Specific Issues

​1. Lost Title Deeds

If a title deed is lost, it is not mandatory for houses and public buildings. The thandapperu, land tax receipt, and an affidavit on a Rs. 50 stamp paper are sufficient. However, for commercial buildings, the title deed or other ownership documents are required.

​2. Errors in Revenue Records After Resurvey

Errors in revenue records that occurred after a resurvey should be addressed by filing a complaint with the Land Records Tahsildar (LRM). This process is necessary to verify whether the land was occupied illegally.

​3. Land Recorded as Poramboke (Government Land)

The benefits of this amendment only apply to cases where the land has been transferred and land tax has been paid.

​4. Free Use of Assigned Land

The amendment regularizes constructions and uses of assigned land that violated the original conditions up to June 7, 2024. The government has announced that a new amendment will be introduced to regularize constructions after that date.

​5. Building a House on Agricultural Land

Previously, building a house on land assigned for agriculture was restricted. The new decision allows for the regularization of constructions for agriculture, houses, and "beneficial enjoyment". The term "beneficial enjoyment" refers to providing land to solve issues like a house being on assigned land or not having legal access to it.

​6. Transfer of Land Assigned to Tribal and Dalit Communities

This amendment does not override land laws concerning tribal and Dalit communities. The regularization applies only to complaints related to land assignment under 11 specific rules, which do not include the laws governing these communities. Furthermore, this amendment does not regularize violations of the Coastal Regulation Zone, paddy and wetland conservation laws, or ecologically fragile area laws.

​7. Regularizing Quarries

Existing quarries with a No-Objection Certificate (NOC) and that have completed all procedures can be regularized under the new rules. However, new quarries cannot be started. A fee of up to 50% of the land's fair value must be paid.

​8. Regularizing Party Offices and Resorts

Yes, party offices and resorts on assigned land will be regularized. A specified percentage of the land's fair value will be collected as a fee.

​9. Regularizing Buildings Over 3,000 Sq. Ft.

All constructions over 3,000 sq. ft., including large resorts and other buildings, will be regularized.

​10. Land Near Forest Areas

The amendment regularizes violations of conditions on land that has been issued a title deed. Since title deeds are not issued for land under forest disputes, this amendment does not apply to such cases.

​11. Financial Burden for Road Development

If land from an assigned plot has been given for road development and compensation has been received, the person currently holding the land will be responsible for the fee. If the current structure is a house, there is no fee. For other constructions, a fee must be paid.

​12. Munnar Encroachments

This amendment is based on 11 specific rules and does not include the KDH (Kanan Devan Hills) Act of 1971 and its associated rules of 1977, which apply to the Munnar area. Therefore, this amendment does not address encroachments in Munnar.

​13. The 1960 Act and Restrictions

The statement in the 1960 Act that land is given only for agriculture and housing and that any restrictions are wrong is incorrect. The rules for this have been introduced in the legislation.  

James Joseph Adhikarathil

Land Consultant 

9447464502