Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules, 1977
Lands available for assignment shall be assigned on registry to agriculturists and agricultural labourers for purpose of personal cultivation or for house-sites or for both or for cultivation on co-operative basis wherever such cultivation is possible in accordance with the provisions hereinafter contained.
(1) The extent of land that may be assigned to a person under these rules shall not ordinarily exceed one hectare.
(2) Only one member of a family shall be eligible for assignment of land under these rules.
No person who owns or holds either in proprietory right or with security of tenure more than 10 cents (4.05 ares) in extent of land and whose annual family income exceeds Rs. 3,000 shall be eligible for assignment of any land under these rules.
(1) Out of the land available for assignment, 25% shall be reserved for assignment to the Scheduled Castes and Scheduled Tribes and 10% shall be reserved for assignment to Ex-Servicemen.
(2) In assigning the remaining extent of land, the following order of preference shall, as far as practicable, be observed namely:--
(a) First preference shall be given to persons who ordinarily reside in the village where the land proposed to be assigned is situated,
(b) Second preference shall be given to persons who ordinarily reside in villages adjacent to the village in which the land is situated,
(c) Third preference shall be given to persons who ordinarily reside in the Taluk in which the land is situated,
(d) The remaining extent, if any, shall be assigned to the applicants from the other Taluks of Idukki District or other Districts.
Note.- In the case of assignment under Clause (d),
(1) Lands assigned under these rules shall be heritable but shall not, except as provided in sub-rules (2) and (3) be alienable for a period of 12 years from the date of assignment.
(2) The assignee may mortgage such lands to the Government, Co-operative institutions, the Tea Board, the Coffee Board, the Rubber Board, the Cardamom Board or other financing institutions recognised by the Government in this behalf, as security for obtaining loans for agricultural or land improvement purposes or for construction of houses under any of the housing schemes sponsored by the Government or Housing Board.
(3) The Government, Co-operative institutions, the Tea Board, the Coffee Board, the Rubber Board, the Cardamom Board or other financing institutions referred to in sub-rule (2) may alienate the lands mortgaged to them or it as security for loans in satisfaction of the terms and conditions of the loan.
The assignee or a member of his family or his successor-in-interest shall reside in the land if it is assigned as house site or shall personally cultivate the same if it is assigned for cultivation, and such residence or cultivation, as the case may be, shall commence effectively within a period of six months from the date of receipt of patta:
Provided that, in special circumstances, the assigning authority may for reasons to be recorded in writing exempt any assignee from personal cultivation of the land for periods to be specified.
(1) Before assigning lands under these rules, the assigning authority shall cause to be prepared a list of the lands or, if that is not possible a tentative list of the lands available for assignment specifying as far as may be the extent and location of each land.
(2) The list prepared under sub-rule (1) shall be published under a notification in Form No. 1 inviting applications for assignment from eligible persons:--
(a) in the officers of all District Collectors and Taluk Tahsildars; and
(b) in not less than three Malayalam daily newspapers.
(3) Any person who wishes to apply for assignment of any land specified in the list published under sub-rule (2) shall apply to the assigning authority within the time specified in the notification referred to in that sub-rule.
(4) Application for assignment of land by persons who are not members of the Scheduled Castes or the Scheduled Tribes shall
(1) Immediately after the publication of the notification under sub-rule (2) of Rule 10, the Tahsildar of the Taluk in which the land is situate shall publish a notice in Form No. 4 under his signature inviting claims or objections in writing from interested persons for the assignment of the land.
(2) The notice shall give a minimum of seven days' time from the date of its publication for preferring claims or objections and shall be published by affixture on the notice boards of the Village Offices concerned and the Taluk Office and on the notice board of any other public office which the Tahsildar considers necessary for giving publicity:
Provided that failure to publish the notice on the notice board of any public office other than the taluk and village offices shall not vitiate the proceedings.
(3) In cases where claims or objections have been preferred, the Tahsildar shall duly enquire into them and submit them to the assigning author
(1) After the date specified in the notification under sub-rule (2) of Rule 10, the assigning authority shall scrutinise the applications received before that date and prepare a list of eligible applicants under each category specified in Rule 7.
(2) The assigning authority shall select all the eligible persons for assignment of land, if the total extent of land readily available for assignment is equal to or more than the area covered by the applications, and if the land available is less than the required extent, the selection of the required number of persons under each of the categories shall subject to the provisions of sub-rule (6) be made by drawing lots separately for each category.
(3) The applications remaining under each category after a draw shall be kept pending and when further lands became available, selection by drawing lots shall be repeated until all the lands available for assignment are disposed of.
(4) The
The order of assignment shall be issued by the assigning authority in Form No. 5.
The assignee shall be liable to pay the value of land at the following rates:
(i) Dry Land and Wet land--Rs. 200 (Two hundred rupees only) per acre/40.47 ares.
(ii) Grass lands including waste lands--Rs. 40 (Forty rupees only) per acre/40.47 ares.
(2) The Tahsildar within whose jurisdiction the land assigned is situated may, allow the payment of value of the land in half yearly instalments not exceeding four in number. In such cases, patta for the land shall bo issued only after the entire amount is paid by the assignee.
(1) The assignee shall also be liable to pay survey and demarcation charges at the rate of twenty-five rupees per hectare:
Provided that.-- (i) the survey and demarcation charges to be realised from the members of the Scheduled Castes shall be twelve rupees and fifty paise per hectare; and
(ii) the numbers of the Scheduled Tribes shall not be liable to pay any survey and demarcation charges
(2) No assignee (other than an assignee who is a member of a Scheduled Tribe) shall be put in possession of the land assigned to him unless he has paid the survey and demarcation charges payable under sub-rule (1).
On realisation of the land value, survey and demarcation charges the Tahsildar shall issue a patta in Form No 6.
(1) The assignee shall be liable to pay any tax, cess, local rates or fee levied under any law for the time being in force on the land assigned to him.
(2) The liability for basic tax on the land assigned shall arise with effect from the beginning of the financial year in which the patta is issued.
The full proprietory right over all trees standing at the time of assignment or coming into existence subsequently, in the assigned area shall vest in the Government. But the assignee may purchase such trees on payment of value at the prevailing seigniorage rates failing which they may be disposed of by the Collector after due publicity.
Explanation.-"Reserved trees" means the trees specified in the Schedule to the Patta in Form No. 6.
The details of the trees in the assigned area shall be maintained by the concerned Village Officer. On points of doubt regarding species, girth etc., of the standing trees, the Forest Department may be consulted. The Tahsildar and the Revenue Divisional Officer within whose jurisdiction the areas assigned situate shall ensure that correct and up-to-date register is maintained in this behalf.
No assignee shall cut, remove or cause in any way destruction to the standing trees not purchased by him.
(1) The assignment shall be liable to be cancelled for contravention of any of the provisions of these rules or if it is found that it was inequitable or was made under a mistake of fact or owing to misrepresentation of facts or in excess of the limits specified in these rules or that there was gross irregularity in the procedure for assignment.
(2) In the event of the cancellation of the assignment the assignee shall not be entitled to compensation for improvements he might have made on the land.
(3) The authority competent to order cancellation of assignment shall be the assigning authority.
(4) No assignment shall be cancelled without giving the party or parties affected thereby a reasonable opportunity of being heard.
(1) An appeal shall be to the Government against an order passed by the Collector under these rules.
(2) Appeals shall be preferred within thirty days from the date of receipt of the order sought to be appeared against, by the aggrieved party:
Provided that Government may admit an appeal presented after the expiry of the said period of thirty days if they are satisfied that the appellant was prevented by sufficient cause from presenting the appeal in time.
(3) No appeal shall be admitted unless it is stamped with court fee stamp of the value of two rupees and is accompanied by the original order appealed against or a certified copy thereof.
(4) The Government may, by order, confirm, vary or cancel the order appeal against and such order of the Government shall be final.
(5) No order interfering with the original order shall be made in appeal without giving the party or parties interested there in a re
(1) The Tahsildar shall maintain a register about the lands within his jurisdiction which have been assigned under these rules, with particulars of the assignees.
(2) The Tahsildar shall also conduct a periodical check up of the assigned lands to ensure that the conditions of the assignment are not violated.
All amounts due to the Government under these rules shall, in case of default, be recoverable under the Revenue Recovery Act for the time being in force as if they are arrears of public revenue due on land.
Government shall constitute a Land Assignment Committee for the purposes specified in sub-rule (6) of Rule 12 consisting of a Chairman, who shall be the Collector of the Idukki District or other officer specified by Government and four other non-official members to be nominated by the Government.
FORM 1
NOTIFICATION
[See Rule 10(2)]
Under Rule 9 of the Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules, 1977, it is notified for the information of the public that the lands specified in the Schedule below are proposed to be assigned to persons who own not more than 10 cents (4.05 ares) in extent of lands either in proprietory right or with security of tenure and whose annual family income is not more than Rs. 3,000 in accordance with the said rules.
Applications are called for from eligible persons for assignment of land to reach the undersigned before...................... The forms of application are available in all Collectorates and Land Board.
FORM 2 APPLICATION FOR ASSIGNMENT OF LANDS UNDER KANNAN DEVAN HILLS (RESERVATION AND ASSIGNMENT OF VESTED LANDS) RULES, 1977 [See Rule 10(4)] | ||
1. | Name of applicant (a) Age (b) Father’s or Husband’s name (c) District (d) Taluk (e) Village (f) Postal address | : : : : : : |
| 2. | Total extent of land including Government | |
FORM 3
APPLICATION For ASSIGNMENT OF LANDS UNDER KANNAN DEVAN HILLS (RESERVATION AND ASSIGNMENT OF VESTED LANDS) RULES, 1977
(Scheduled Castes or Scheduled Tribes)
[See Rule 10(4)]
| 1. | Name of applicant | |
| (a) Age (b) Father’s or Husband’s name (c) District (d) Taluk (e) Village (f) Postal address (g) Whether Scheduled Caste or Tribe Specify the name of the caste or tribe | : : : : : : : | |
FORM 4
NOTICE
[See Rule 11(1)]
Whereas it is proposed to assign on registry acres (Hectares) ...............cents (Ares) of .......................lands comprised in survey No. .....................of ................. Village in .............. Taluk, notice is hereby given that all persons who may have any objection to the registry of the land or may have any claims to the land should prefer the same in writing to the undersigned within 7 days.
Station :
Date : &nbs
FORM 5
ORDER OF ASSIGNMENT ON REGISTRY
[See Rule 13]
Shri/Smt. .................................of Village is informed that his/her application for the land/lands described in the schedule appended to this order has been accepted and that the above land/lands is/are assigned to him/her on registry subject to the following conditions:
(1) that the land, lands granted on registry shall be heritable but it shall not be alienated otherwise than as provided in sub-rules (2) and (3) of Rule 8 for a period of 12 years from the date of assignment;
(2) that the assignee or any member of his/her family or successor-in-int
In these rules, unless the context otherwise requires:--
(a) "Act" means the Kannan Devan Hills (Resumption of Lands) Act, 1971 (5 of 1971):
(b) "alienation" includes sale, gift, bequest under a will mortgage, hypothecation and lease;
(c) "assignee" means a person to whom any land is assigned under these rules and includes his heirs or successors-in-interest;
(d) "assigning authority" means the Government, and where the power of assignment is delegated to the Collector under sub-section (2) of Section 9, such Collector;
(e) "assignment" means transfer of land by way of registry;
(f) "family" means a person, his wife or her husband, their children living with or dependent on them and also the parents who are solely dependent on such person;
(g) "Scheduled Castes and Scheduled Tribes" means the Scheduled Castes and Scheduled Tribes referred to in clauses
These rules may be called the Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules, 1977.
Government may, by notification in the Gazette, reserve such extent of land, as in their opinion may be necessary for the purposes specified in Section 9, and the remaining lands shall be assigned on registry in accordance with these rules.
Legal Comments
"Scope and purpose" - Section 3(1) KDH Act vests possession of all lands in Kannan Devan Hills Village in the Government; exemptions in 3(2) and 3(3) carve out plantations, buildings, play-grounds, etc. for vesting purposes; Rule 3 governs assignment after vesting. [R. Selvapackiam S/o Raj vs State of Kerala - 2025 0 Supreme(Ker) 1249]
"Essential ingredients" - To avail assignment under KDH Act and 1977 Rules, lands must be vested per Section 3(1), satisfy exemptions under 3(2)/(3), and then be allocated under Section 9 and Rules; assignments proceed via District Collector or delegated officer per §9(2). [C. Leela W/o. Chellayya Vs State Of Kerala - 2025 0 Supreme(Ker) 683], [K. B Augustine VS State of Kerala - 2016 0 Supreme(Ker) 1407]
"Statutory backing requirement" - Courts consistently insist that relief under Article 226 requires statutory backing for land assignment claims; mere possession or government orders without statutory entitlement under KDH Act/Rules is insufficient. [R. Selvapackiam S/o Raj vs State of Kerala - 2025 0 Supreme(Ker) 1249]
"Assignment mechanism" - The 1977 Kerala KDH Assignment Rules govern who can be assigned, with a published list of eligible beneficiaries, application procedures, and lottery where land is scarce; the process requires adherence to the Rules, failing which petitions are dismissed. [K. B Augustine VS State of Kerala - 2016 0 Supreme(Ker) 1407], [Sukumaran S/o Achuthan Vs State Of Kerala - 2025 Supreme(KER) 323]
"Non-honour of existing possession" - The Rules do not confer entitlement based on prior occupation; vesting and assignment operate through a pooled process, not on individual possession alone. [R. Selvapackiam S/o Raj vs State of Kerala - 2025 0 Supreme(Ker) 1249]
"Role of District Collector" - Under Section 9(2) of the KDH Act, the District Collector is the competent authority to assign vested lands; patta/sale by others without proper authority is invalid for purposes of KDH assignments. [KANNAN DEVAN HILLS PRODUCE CO. LTD. VS STATE OF KERALA - 1972 0 Supreme(Ker) 71], [C. Leela W/o. Chellayya Vs State Of Kerala - 2025 0 Supreme(Ker) 683]
"Connected case law on vesting" - The Supreme Court and Kerala High Court have consistently held that vesting under the KDH Act excludes certain categories and requires strict compliance with Section 3(1) and 3(2)/(3) to determine eligibility for assignment under Section 9; non-compliance invalidates claims. [KANNAN DEVAN HILLS PRODUCE CO. LTD. VS STATE OF KERALA - 1972 0 Supreme(Ker) 71], [C. Leela W/o. Chellayya Vs State Of Kerala - 2025 0 Supreme(Ker) 683]
"Patta and alienation restrictions" - When patta is issued with a 12-year alienation restriction (from patta date or assignment date depending on delay), courts determine the applicable trigger for the restriction; delays in patta issuance can affect the computation of alienation prohibitions. [Sukumaran S/o Achuthan Vs State Of Kerala - 2025 Supreme(KER) 383], [Sukumaran S/o Achuthan Vs State Of Kerala - 2025 Supreme(KER) 323]
"Survey and boundary integrity" - Correct identification of survey numbers and boundaries is central; misdescription or forged possession certificates undermine assignment validity; courts have remanded or quashed orders where records are inconsistent. [P.G.Godavarma Raja, Son Of Krishnan Nambudiri vs Land Board, Thiruvananthapuram, Represented By Its Secretary - 2025 0 Supreme(Ker) 1780], [C. Leela W/o. Chellayya Vs State Of Kerala - 2025 0 Supreme(Ker) 683]
"Retrospective and legislative competence considerations" - The Kerala Act’s framework and the effect of vesting are examined against constitutional provisions (Art. 31A) and agrarian reform aims; the Act is treated as a scheme for agrarian reform, with high court validation of legislative competence in earlier sects. [KANNAN DEVAN HILLS PRODUCE CO. LTD. VS STATE OF KERALA - 1972 0 Supreme(Ker) 71], [PLANTERS FORUM VS STATE OF KERALA - 2014 0 Supreme(Ker) 735]
"Public interest and welfare emphasis" - Courts emphasize that assignment laws are designed to promote agriculture and welfare of agricultural workers; discretionary allocations must align with that public purpose and not favor unauthorised or opaque claims. [KANNAN DEVAN HILLS PRODUCE CO. LTD. VS STATE OF KERALA - 1972 0 Supreme(Ker) 71], [PLANTERS FORUM VS STATE OF KERALA - 2014 0 Supreme(Ker) 735]
"Role of reservations (quota)" - The Rules provide reservations (e.g., for SC/ST, Ex-servicemen); assignments must follow these quotas, and ignoring them can render processes unlawful. [Sukumaran S/o Achuthan Vs State Of Kerala - 2025 Supreme(KER) 323], [KANNAN DEVAN HILLS PRODUCE CO. LTD. VS STATE OF KERALA - 1972 0 Supreme(Ker) 71]
"Effect of non-assignability zones" - Lands within notified forest reserves or other protected zones (e.g., forest act notifications) may be excluded from assignment; District Collector must verify such exclusions before proceeding. [P.G.Godavarma Raja, Son Of Krishnan Nambudiri vs Land Board, Thiruvananthapuram, Represented By Its Secretary - 2025 0 Supreme(Ker) 1780], [State of Kerala represented by the Secretary VS Sahya Haritha Sangham represented by its Secretary - 2014 0 Supreme(Ker) 445]
"Preservation and use of vesting lands" - Section 3(1) vesting applies to all lands unless exempted; Section 4 allows restoration of possession of certain lands (e.g., plantations) under specified circumstances; misuse can lead to invalidation of PATTA/restoration orders. [C. Leela W/o. Chellayya Vs State Of Kerala - 2025 0 Supreme(Ker) 683], [KANNAN DEVAN HILLS PRODUCE CO. LTD. VS STATE OF KERALA - 1972 0 Supreme(Ker) 71]
"Judicial insistence on procedural due process" - Show-cause notices and assignment orders must be issued through proper procedural channels with documentary support; defective notices render actions invalid. [Kanakamedala Gangadhara Rao VS State of Andhra Pradesh - 2017 0 Supreme(AP) 859], [Vemulapalli China Kondayya VS District Collector, West Godavari District, Eluru - 1980 0 Supreme(AP) 271]
"Non-retroactivity and amendments" - Some rules or amendments are not retroactive; courts examine whether new rules affect existing rights, especially in the context of patta issuance and 12-year restrictions. [Srinivasan VS The Land Commissioner, Board of Revenue, Madras - 1981 0 Supreme(Mad) 596], [Rajan Varma VS Revenue Divisional Officer, Kodaikanal and others - 1998 0 Supreme(Mad) 55]
"Assignment versus resumption interplay" - The Act contemplates both resumption of vested lands and subsequent assignment; courts scrutinize whether the land qualifies as assignable vested land and whether the proceeding aligns with Section 9’s scheme. [State of Kerala represented by the Secretary VS Sahya Haritha Sangham represented by its Secretary - 2014 0 Supreme(Ker) 445], [S. Rajendran, son of s. Shanmughavel vs State Of Kerala Represented By Its Additional Chief Secretary - 2025 0 Supreme(Ker) 2958]
"Impact of forged or invalid documents" - The courts have sanctioned quashing assignments where possession certificates or assignments are forged or lacking proper documentary basis; integrity of records is essential. [C. Leela W/o. Chellayya Vs State Of Kerala - 2025 0 Supreme(Ker) 683], [P.G.Godavarma Raja, Son Of Krishnan Nambudiri vs Land Board, Thiruvananthapuram, Represented By Its Secretary - 2025 0 Supreme(Ker) 1780]
"Judicial review limits" - Review petitions are not replays of earlier arguments; new evidence can only ground review if it demonstrates a clear error or newly discovered fact; mere re-arguing is rejected. [S. Rajendran, son of s. Shanmughavel vs State Of Kerala Represented By Its Additional Chief Secretary - 2025 0 Supreme(Ker) 2958]
"Distinction between private forests and vesting lands" - The Act’s scope excludes protected forest areas where vesting does not apply; the distinctions influence eligibility and the proper forum for assignment. [KANNAN DEVAN HILLS PRODUCE CO. LTD. VS STATE OF KERALA - 1972 0 Supreme(Ker) 71], [01500033664]
"Remedies for disputed surveys" - When survey numbers or boundaries are disputed, courts direct correction or remand to appropriate authorities to rectify records before any assignment or patta can be issued. [S. RAJENDRAN VS STATE OF KERALA - 2025 0 Supreme(Ker) 732], [01500056156]
"Guard against re-encroachment and encroachment cures" - The Kerala Land Conservancy Act and related enforcement mechanisms operate to evict encroachers; assignment rights do not arise where occupiers encroach on government land outside approved assignment records. [P.G.Godavarma Raja, Son Of Krishnan Nambudiri vs Land Board, Thiruvananthapuram, Represented By Its Secretary - 2025 0 Supreme(Ker) 1780], [C. Leela W/o. Chellayya Vs State Of Kerala - 2025 0 Supreme(Ker) 683]
"Cross-jurisdictional notes" - Various Acts across states (e.g., AP/Telangana, Tamil Nadu) provide parallel rules on assigned lands; while contexts differ, the core principles—statutory backing, proper notices, and vested rights—remain consistent. [Nallabothu Raju VS State of Telangana - 2021 0 Supreme(Telangana) 400], [Commissioner of Land Administration vs Subramaniyan - 2025 0 Supreme(Mad) 5584]
Notes- The above points synthesize core concepts present across the provided sources, focusing on Section 3 (vesting) and Section 9 (assignment) of the Kannan Devan Hills (Resumption of Lands) Act, 1971 and the Kerala Rules 1977, with occasional reference to related jurisprudence where pertinent. Where sources did not contain an explicit applicable detail for a given subtopic, that point has been omitted.
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