S.1 Short title, extent and commencement

       (1) This Act may be called the Kerala Land conservancy Act, 1957.
        (2) It extends to the whole of the State of Kerala .
(3) It shall come into force at once.

S.2 Repeal

The Travancore-Cochin Land Conservancy Act, 1951, and the Madras Land Encroachment Act, 1905 as in force in the Malabar district referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), are hereby repealed.

S.3 Property of Government defined

       (1) All public roads, streets, lanes, and paths, the bridges, ditches, dykes and fences on or beside the same, the bed of the sea and of harbours and creeks below high water mark, the beds and banks of rivers, streams, irrigation and drainage channels, canals, tanks, lakes, backwaters and water courses, and all standing and flowing water, and all lands wheresoever situated, save in so far as the same are the property of-
        (a) [2] (Jenmies, Wargdars) or holders of Inams; or
        (b) [3] (persons registered in the revenue records as) holders of lands in any way subjectto the payment of land revenue to the Government, or
        (c) any other registered holder of land in proprietary right; or
        (d) any person holding land under grant from

S.4 (1) " Poramboke" defined

       "Poramboke" shall mean and include unassessed lands which are the property of Government under section. 3 (1) or (2) used reserved for public purposes or for the communal use of villagers, such as-
        (a) all public roads, streets, lanes pathways, the bridges, ditches, dykes and fences on or beside the same;
        (b) the beds and banks of rivers, irrigation and drainage channels, traffic canals, tanks, lakes, back-waters and water courses;
        (c) markets, burial grounds, landing ghauts; and
        (d) all other property which the Government may, for the purpose of this Act, from time to time, declare to be poramboke.
(2) " Occupant" defined .-"Occupant" shall mean a person actually in possession or occupation of a land

S.5 (1) Land which is the property of Government not to be occupied without permission

       From and after the commencement of this Act, it shall not be lawful for any person to occupy a land which is the property of Government, whether a poramboke or not, without permission from the Government or such officer of the Government as may be empowered in this behalf.
        [9] ( Explanation .-For the removal of doubts it is hereby declared that the erection of any wall, fence or building or the putting up of any over-hanging structure or projection (whether on a temporary or permanent basis) on or over any land aforesaid shall be deemed to be occupation of such land.)
        [10] (2) Notwithstanding anything contained in sub-section (1), it shall not be lawful for any person to erect or cause to erect any wall, fence or building or put up any overhanging structure or projection (whether on a temporary or permanent basis) on or o

S.6 Earth, metal, laterite, lime-shell, etc., not to be removed from land which is property of Government without permit

       (1) It shall not be lawful for any person to destroy, remove or appropriate for himself earth [11] (sand) metal, laterite, lime-shell or such other articles of value as may be notified by the government from any land which is the property of Government, whether a poramboke or not, except under and in accordance with the terms and conditions of a permit issued by the Government or such officer of the Government as may be empowered in that behalf and on payment of compensation at the rate prescribed under sub-section (2).
        (2) The Government may, from time to time, by notification in the Gazette, prescribe the rate at which compensation shall be payable for earth [12] (sand) metal, laterite, lime-shell or other notified articles of value destroyed, removed or appropriated from land which is the property of Government.
        (

S.7 Punishment for unauthorisedly occupying land which is the property of Government

       (1) Whoever occupies a land which is the property of Government, whether a poramboke or not,contrary to section 5 shall be liable to pay-
        (a) such fine not exceeding two hundred rupees; and
        (b) in the case of a continuing contravention such additional fine not exceeding two hundred rupees for every day during which such contravention continues after fine has been imposed for the first such contravention as may be imposed by the Collector:Provided that a person unauthorisedly occupying a land which is available for assignment under the Kerala Government Land Assignment Act, 1960, shall not be liable to pay any fine under sub-section (1) if-
        (i) he is eligible under the rules made under that Act for assignment of such land without auction; and
  

S.8 (1) Levy of assessment on lands which are the property of Government unauthorisedly occupied

       Any person unauthorisedly occupying a land which is the property of Government other than a poramboke and liable to pay a fine under section 7 shall, in addition, be liable to pay by way of assessment for the whole period of his occupation such amount as may be fixed by the Collector in accordance with the rate that may be prescribed by the Government from time to time in this behalf.
        (2) Levy of prohibitory assessment on poramboke unauthorisedly occupied.- Any person unauthorisedly occupying a poramboke and liable to pay a fine under section 7 shall, in addition, be liable to pay such prohibitory assessment for the whole period of occupation as may be imposed by the collector Payment of assessment under sub-section (1) or prohibitory assessment under this sub-section shall not confer any right of occupancy.
       [20]( * * * * * *

S.9 Liability for unauthorised occupation

Any person unauthorisedly occupying any land which is the property of Government, whether a poramboke or not, and liable to a fine under section 7 shall, in addition to the assessment or prohibitory assessment to which he may be liable under section 8, be liable for the value, as adjudged by the Collector, of any useful tree destroyed or appropriated by him.

S.10 Penalty for destruction or appropriation of trees

Any person who destroys or appropriates any useful tree belonging to the Government shall be liable for damages not exceeding three times the value of the tree as adjudged by the Collector, and shall also be liable on conviction by a magistrate to be punished with imprisonment for a term extending to six months or with fine not exceeding five hundred rupees, or with both.

S.11 (1) Liability of unauthorised occupant to summary eviction, forfeiture of crops, etc

       Any person unauthorisedly occupying any land for which he is liable to pay a fine under section 7 and an assessment or prohibitory assessment under section 8 may be summarily evicted by the Collector, and any crop or other product raised on the land shall be liable to forfeiture, and any building or structure erected or anything deposited thereon shall also, if not removed by him after such written notice as the Collector may deem reasonable, be liable to forfeiture. Forfeiture under this section shall be adjusted by the Collector and any property so forfeited shall be disposed of as the Collector may direct.
        (2) Mode of eviction .-An eviction under this section shall be made in the following manner, namely:-By serving a notice on a person reputed to be in occupation or his agent requiring him within such time as the Collector may deem reasonable after receipt of the said

S.12 Prior notice to occupant, etc

       The Collector shall, before passing an order under this Act, give notice to the occupant or other person likely to be affected by the order, and record any statement which such occupant or person may make and any evidence which he may adduce within a reasonable time; and all orders passed by the Collector under this Act shall be in writing and under his hand.
        (Provided that no such notice shall be necessary-
        (i) when the Collector takes action under sub-section (3) of section 11; or
        (ii) in the case of any person unauthorisedly occupying any land which is the property of Government, if, within a period of two years prior to the date of such occupation, he had been evicted from such land under section 11 or had vacated such land voluntarily after the receipt of a

Legal Commentary on Section 12 of the Kerala Land Conservancy Act, 1957

Introduction

The Kerala Land Conservancy Act, 1957 was enacted to consolidate and amend the law relating to the conservation and management of government lands in the State of Kerala. The Act aims to prevent unauthorized occupation, encroachment, and misuse of government property, while also providing mechanisms for eviction, assessment, and penal action against violators.

What Section 12 Says

Section 12 of the Kerala Land Conservancy Act, 1957 pertains to "Prior notice to be given before taking certain action". The section mandates that before the Collector takes action under specific provisions of the Act (notably sub-section (3) of Section 11), a prior notice must be served upon the person in unauthorized occupation of government land. The section also specifies that in the case of any person unauthorizedly occupying government land, proper procedure must be followed before eviction or other coercive measures are taken.

Essential Ingredients

1. Unauthorized Occupation: The land in question must be the property of the Government and occupied without lawful authority.
2. Action by Collector: The provision applies when the Collector initiates action under sub-section (3) of Section 11.
3. Notice Requirement: A prior notice must be given to the person in occupation.
4. Government Land: The section applies specifically to lands that are the property of the Government.

Scope of Section

Section 12 serves as a procedural safeguard ensuring that principles of natural justice are upheld before the government takes coercive action against persons occupying government land. It requires that adequate notice be given, allowing the occupant an opportunity to be heard or to vacate voluntarily before eviction proceedings are initiated. The section applies to both individuals and entities in unauthorized occupation of government land, including cases involving encroachment on public roads, water bodies, and other government properties.

Punishment for Section

The Kerala Land Conservancy Act, 1957 provides for a fine not exceeding two hundred rupees for unauthorized occupation of government land. Additionally, assessments and levies may be imposed on unauthorized occupants. Under related provisions, penalty may be levied under Section 7 or Section 8 of the Act, and where such penalty has been levied, no similar penalty shall be imposed again.

Legal Comments

• Notice Requirement - Prior notice under Section 12 is mandatory before the Collector takes action under Section 11(3) for eviction of unauthorized occupants. [Section 12(i) in Kerala Land Conservancy Act, 1957]

• Government Land Protection - The section safeguards public lands from illegal encroachments by ensuring swift administrative action, thereby protecting public property. [Kerala Land Conservancy Act, 1957 Overview]

• Procedural Safeguard - Section 12 embodies principles of natural justice by mandating notice to persons in unauthorized occupation before coercive action. [Kerala Land Conservancy Act Overview - Scribd]

• Applicability - The notice requirement under Section 12 applies specifically when the Collector takes action under sub-section (3) of Section 11. [Section 12(i) in Kerala Land Conservancy Act, 1957]

• Penalty Limit - The Act imposes a fine not exceeding two hundred rupees for unauthorized occupation of government land. [Kerala Land Conservancy Act Overview PDF]

• No Double Penalty - If any penalty has been levied under Section 7 or Section 8 of the Act, no similar penalty shall be imposed under Section 12. [The Kerala Land Conservancy Act, 1957]

• Duty of Officers - All officers of the Land Revenue Department have a primary duty to prevent unauthorized occupation of government lands. [Kerala Land Conservancy Rules, 1958]

• Scope of Government Land - The Act declares public roads, water bodies, abandoned lands, and other uncultivated lands to be the property of the government, except certain exempted categories. [Kerala Land Conservancy Act Overview PDF]

• Eviction Proceedings - No civil court has jurisdiction to entertain suits for eviction of persons in unauthorized occupation of government land, reinforcing the administrative mechanism under Section 12. [Section 20 in Kerala Land Conservancy Act, 1957]

• Protection of Public Interest - The balance of convenience is in favour of the Government in cases involving encroachment on public property, as nobody can be allowed to retain possession of government land without authority. [Kerala Land Conservancy Act Case Law - MINI VS Assistant Executive Engineer Pwd Roads - 2022 0 Supreme(Ker) 124]

• Adverse Possession Claim - A suit claiming adverse possession against government land is not barred under Section 20 of the Act, but the plaintiff must prove a prima facie case to substantiate such a claim. [Kerala Land Conservancy Act, 1957 - Section 12 - MINI VS Assistant Executive Engineer Pwd Roads - 2022 0 Supreme(Ker) 124]

• Collector's Authority - The Collector has a duty under Section 12 to give notice before initiating action for eviction or forfeiture of land and any building or structure erected thereon. [The Kerala Land Conservancy Act, 1957]

• Assessment Levy - Any person unauthorizedly occupying government land is liable to pay assessment as determined under Section 6 of the Act. [The Kerala Land Conservancy Act, 1957]

• Amendment of Section 12 - The Act has been amended over time, including amendments under the Kerala Land Conservancy (Amendment) Act, 2009, which modified provisions related to Section 20A. [Kerala Land Conservancy (amendment) Act, 2009]

• Land Classification - Lands registered in a person's name but subsequently abandoned or relinquished, and lands held by right of escheat, purchase, or resumption, fall under government property. [The Kerala Land Conservancy Act, 1957]

• Survey Marks - Compensation may be prescribed for repair and renewal charges of survey marks, penalty, and all incidental charges levied under the Act. [Kerala Land Conservancy Rules, 1958]

• Destruction of Trees - Any person who destroys or appropriates useful trees from government land is liable for penalty under Section 10 of the Act, separate from Section 12 proceedings. [Kerala Land Conservancy Act, 1957 - Section 10]

• Removal of Materials - Whoever unauthorizedly destroys, removes, or appropriates metal, laterite, lime-shell, or other notified articles of value from government land commits an offence under the Act. [The Kerala Land Conservancy Act, 1957]

• Legal Liability - The Act declares all public roads, water bodies, and abandoned lands as government property, establishing the legal foundation for Section 12 actions. [Kerala Land Conservancy Act Overview PDF]

• Possessory Rights - State need not be a party in disputes between private persons claiming rival rights over government land; possessory rights can be claimed as between private parties. [The Kerala Land Conservancy Act, 1957 Case Law]

S.13 Power to make rules

       (1) The Government may make rules or orders, either generally or in any particular instance,-
        (a) regulating the rates of assessment under section 8 (1);
        (b) regulating the imposition of prohibitory assessment under section 8 (2) ;
        (c) declaring that any particular land or class of lands shall not be open to occupation;
        (d) regulating the service of notices under this Act;
        (e) regulating the manner in which the powers of the Collector under this Act may be exercised; and
        (f) generally to carry out the provisions of this Act.
        Such general rules or orders shall be m

S.14 Recovery of fines, assessment, etc., as arrears of land revenue

All fines, assessments and prohibitory assessments, value of trees destroyed or appropriated, compensation or damages payable under section 6 and all costs of eviction and removal of encroachments shall be recovered as arrears of land revenue under the provisions of the Revenue Recovery Act for the time being in force.

S.15 Officers to exercise powers of Collectors

The Government may, by notification in the Gazette, authorise any officer [25] (including the Secretaries of Panchayats and Municipalities) by name or by virtue of his office to exercise all or any of the powers conferred on a Collector under this Act.

S.16 Appeal and revision

       (1) Any person aggrieved by any decision or order under this Act of any officer authorised under section 15 may appeal,-
        (a) where such officer is the Revenue Divisional Officer to the Collector: Provided that no such appeal shall lie in any case where the order is passed by the Revenue Divisional Officer on appeal under clause (b); and
        (b) In all other cases, to the Revenue Divisional Officer, and the Collector or the Revenue Divisional Officer, as the case may be may pass such order on the appeal as he thinks fit.
        (2) The Collector may either suo motu or on application revise any decision made or order passed under this Act by any officer authorised under section 15:
        Provided that where such officer is the Reven

SupremeToday AI Service seems to be Down for a While!

S.17 Limitation for appeal and revision

       (1) No appeal or revision shall be preferred under section 16 after the expiration of thirty days from the date on which the decision or order appealed against or sought to be revised was received by the appellant or applicant as the case may be.
        (2) Notwithstanding anything contained in sub-section (1), the appellate authority or the revising authority may admit an appeal or application for revision preferred after the period specified in that sub-section, if such authority is satisfied that the appellant or applicant had sufficient cause for not preferring the appeal or application within that period.
        (3) The Collector shall not suo motu initiate proceedings to revise any decision or order after the expiry of one year from the date on which such decision has been made or order has been passed.
(4) the Governm

S.18 Petition of appeal or application for revision to be accompanied by the decision or order appealed against or sought to be revised

Every petition of appeal or application for revision under this Act shall be accompanied by the decision or order appealed against or sought to be revised or by an authenticated copy of the same.)

S.19 Saving of operation of other laws in force

Nothing contained in this Act shall be construed as exempting any person unauthorisedly occupying land from liability to be proceeded against under any other law for the time being in force:Provided that if any penalty has been levied under section 7 or 8 of this Act, no similar penalty shall be levied from him under any other law in respect of such occupation.

S.20 Saving of suits by persons aggrieved by proceedings under this Act

No suit against the Government shall be entertained in any Civil Court in respect of any order passed under this Act except upon the ground that the land in respect of which such order has been passed is not a land which is the property of Government whether a poramboke or not: Provided that Civil Courts shall not take cognizance of any such suit unless it shall be instituted within one year from the date on which the cause of action arose.

S.20(a) Bar of jurisdiction of civil courts

       (1) No civil court shall have jurisdiction to entertain any suit or proceeding for the eviction of any person who is in unauthorised occupation of any land which is the property of Government, whether a poramboke or not, or the recovery of any fine assessment, or prohibitory assessment or the value of any trees destroyed or appropriated or any compensation or damages, payable under this Act or cost of eviction or removed of encroachments, or any portion of such fine, assessment, prohibitory assessment, value of trees, compensation, damages or cost.
        (2) No suit, prosecution or other legal proceeding shall lie against the Government or the Board of Revenue of any officer of the Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.)
       
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Legal Commentary on Section 20(a) of the Kerala Land Conservancy Act, 1957

Introduction

Section 20(a) of the Kerala Land Conservancy Act, 1957, primarily deals with the jurisdiction of civil courts concerning suits related to the eviction of unauthorized occupants of government land. This section is part of a broader legislative framework aimed at preventing illegal occupation of public lands and establishing specific procedures and penalties for violations.

What does Section 20(a) Say

Section 20(a) explicitly states that no civil court shall have jurisdiction to entertain any suit or proceeding for the eviction of any person who is in unauthorized occupation of any land under the Act. It emphasizes the exclusive jurisdiction of authorities designated under the Act to handle such cases, thereby barring civil courts from intervening in land eviction matters under this legislation.

Essential Ingredients

• Unauthorized Occupation: The section applies to persons unlawfully occupying government land.
• Jurisdiction Bar: Civil courts are explicitly barred from entertaining suits or proceedings concerning eviction.
• Legal Proceedings: Any eviction-related proceedings must be initiated and conducted under the provisions of the Act, not through civil courts.
• Scope of Land: The section pertains specifically to lands covered under the Kerala Land Conservancy Act, 1957.

Scope of Section

The scope of Section 20(a) is confined to preventing civil courts from adjudicating eviction suits against unauthorized occupants of government land. It aims to centralize enforcement actions within the administrative machinery, primarily the Collector or designated authorities, ensuring a specialized and uniform approach to land eviction cases. This provision also discourages multiplicity of suits and promotes expeditious disposal of land-related disputes.

Punishment for Violations

While Section 20(a) itself does not prescribe specific punishments, other provisions of the Act, such as Section 7, stipulate penalties for unauthorized occupation, which may include fines (up to Rs. 200) and confiscation or forfeiture of the land. The Act also allows for proceedings leading to fines, penalties, and forfeiture, adjudicated by the Collector or authorized officers.

Legal Comments

• Jurisdictional Bar - Section 20(a) bars civil courts from entertaining suits related to eviction of unauthorized occupants, emphasizing the exclusive jurisdiction of administrative authorities [Government Of Kerala VS Joseph].
• Centralization of Proceedings - The section aims to streamline eviction processes by confining them within the administrative framework, reducing judicial interference [Government Of Kerala VS Joseph].
• Scope Limitation - It applies specifically to lands covered under the Kerala Land Conservancy Act, 1957, particularly government lands and porambokes [Government Of Kerala VS Joseph].
• Preventive Measure - The provision acts as a preventive measure against frivolous or multiplicative litigation in civil courts concerning land eviction [Government Of Kerala VS Joseph].
• Legal Immunity - Civil courts are explicitly barred from entertaining suits, which provides legal immunity to the administrative actions taken under the Act [Government Of Kerala VS Joseph].
• Penalties for Unauthorized Occupation - Penalties such as fines (up to Rs. 200) are prescribed for unauthorized occupation, as per Section 7, reinforcing deterrence .
• Procedural Exclusivity - Eviction proceedings must follow the procedure laid down in the Act, and civil courts cannot interfere or grant relief in such matters [Government Of Kerala VS Joseph].
• Protection of Public Land - The section safeguards public lands from illegal encroachments by ensuring swift administrative action, thereby protecting government property [Government Of Kerala VS Joseph].
• Amendments and Clarifications - The Kerala Land Conservancy (Amendment) Bill, 2009, clarifies that punishments imposed under Section 7 prevent further penalties under other laws for the same offense, ensuring consistency .
• Forfeiture and Disposal - Any property forfeited due to violations under the Act is disposed of as directed by the Collector, emphasizing administrative control .
• Legal Immunity from Civil Litigation - The statutory bar under Section 20A (which relates to civil suits against the government) complements Section 20(a), reinforcing exclusive jurisdiction [Government Of Kerala VS Joseph].
• Enforcement Officers' Role - Officers of the Land Revenue Department are tasked with preventing unauthorized occupation, reinforcing the administrative focus of the Act .
• Legal Certainty - The clear prohibition against civil suits ensures legal certainty and expedites land recovery processes [Government Of Kerala VS Joseph].
• Scope of Civil Court's Power - Civil courts are explicitly restricted from entertaining eviction suits, which limits judicial intervention and emphasizes administrative authority [Government Of Kerala VS Joseph].
• Protection of Government Lands - The provision is part of a comprehensive scheme to protect government lands from illegal encroachments, aiding in land conservation efforts [Government Of Kerala VS Joseph].
• Legal Consistency - The Act and its provisions, including Section 20(a), aim to maintain consistency in land management and prevent jurisdictional conflicts [Government Of Kerala VS Joseph].

This commentary synthesizes legal interpretations from primary legislative texts and case law references, emphasizing the jurisdictional and procedural aspects of Section 20(a) of the Kerala Land Conservancy Act, 1957.