Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
For example, Section 37 of the Act refers to actions against encroachment, but the initiation of such proceedings appears to be administrative or departmental rather than criminal police cases ["BHUVANENDRAN NAIR S vs PRINCIPAL SECRETARY - Kerala"].
Main Points and Insights
In cases of encroachment or unauthorized occupation, authorities like the Tahsildar or District Collector undertake proceedings, often supported by notices and surveys, rather than police cases ["2022 Supreme(Online)(Ker) 77980"], ["BHUVANENDRAN NAIR S vs PRINCIPAL SECRETARY - Kerala"].
Analysis and Conclusion Based on the provided sources, police are not explicitly authorized to register cases under the Kerala Irrigation and Water Conservation Act, 2003. Instead, enforcement actions for water course protection, encroachment removal, and water conservancy measures are predominantly carried out by government officials through departmental procedures, notices, and surveys. Criminal proceedings, if any, would likely be initiated under the Kerala Land Conservancy Act, 1957, or other relevant laws, but not directly by police under the Irrigation and Water Conservation Act.Therefore, the police cannot register a case solely under the Kerala Irrigation and Water Conservation Act, 2003; enforcement is primarily administrative and departmental.
References:["BHUVANENDRAN NAIR S vs PRINCIPAL SECRETARY - Kerala"]["2011 0 Supreme(Ker) 1166"]["BHUVANENDRAN NAIR S vs PRINCIPAL SECRETARY - Kerala"]["BHUVANENDRAN NAIR S vs PRINCIPAL SECRETARY - Kerala"]["2022 Supreme(Online)(Ker) 77980"]
In Kerala, where water resources are vital for agriculture and livelihoods, disputes over irrigation works and water conservation often arise. A common question among landowners, farmers, and businesses is: Whether Police can Register a Case under Kerala Irrigation and Water Conservancy Act? This query typically stems from incidents like , , or . Understanding the enforcement mechanism is crucial to avoid unnecessary legal entanglements.
This article breaks down the (the Act), explores who holds the power to initiate cases, and examines exceptions where police might intervene. While this provides general insights, it is not legal advice—consult a qualified lawyer for specific situations. [
#KeralaIrrigationAct, #PoliceAuthority, #WaterConservation
Panchayat Raj Act or the Kerala Land Conservancy Act or both read together. ... the Panchayat Raj Act should prevail over the provisions of the Kerala Land Conservancy Act, 1957. ... The main contention raised is regarding the competence of the respondents for initiating proceedings under the Kerala Land Conservancy Act . Section 218 of the Kerala Panchayat Raj Act#HL_E....
The main contention raised is regarding the competence of the respondents for initiating proceedings under the Kerala Land Conservancy Act. S.218 of the Kerala Panchayat Raj Act provides for the vesting of water courses, springs, reservoirs, etc. in Village Panchayats. ... However, it is seen from the Kerala Land Conservancy Act that the lands belonging to any Panchayat as defined in the Kerala Panchayat Raj #HL_ST....
under the Kerala Irrigation and Water Conservation Act, 2003 styling the petitioners as an encroachers over the irrigation land. ... Section 37 of the Kerala Irrigation and Water Conservation Act, 2003 refers the action to be taken against the encroachment. ... In fact, R3(a) is a communication issued by the Tahsildar to the Assistant Engineer to take action under the Land Conservancy Act. .....
As per the provisions of Kerala Irrigation and Water Conservation Act, 2003, Government has the duty to protect the river and water courses. Section 2 (v) defines irrigation work and it includes among others kayal land as well. ... Kerala Panchayat Raj Act, 1994 (13 of 1994) and section 208 of the Kerala Municipality Act, 1994 (20 of 1994), all water courses and all water#HL_E....
paddy lands, if any, through such water conservancy measures as is deemed necessary and that if the area of such parcel of land where the application is allowed is more than 20.2 Ares, ten percent of such land shall be set apart for water conservancy measures. ... Wetland Act, 2008 (for short, the ‘Act’) was rejected by the 2nd respondent, Revenue Divisional Officer by Ext.P8 stating that, as per the report of the Village Officer, the property is recorded as ‘nanja’ in the village #HL....
paddy lands, if any, through such water conservancy measures as is deemed necessary and that if the area of such parcel of land where the application is allowed is more than 20.2 Ares, ten percent of such land shall be set apart for water conservancy measures. ... Wetland Act, 2008 (for short, the ‘Act’) was rejected by the 2nd respondent, Revenue Divisional Officer by Ext.P8 stating that, as per the report of the Village Officer, the property is recorded as ‘nanja’ in the village #HL....
Kerala Land Conservancy Act , 1957 is extracted hereunder for the sake of convenience and easy reference. Kerala Land Conservancy Act , 1957. On the other hand, it is pertinent to note that Section 67 of the a href="..
Kerala Land Conservancy Act , 1957 is extracted hereunder for the sake of convenience and easy reference. Kerala Land Conservancy Act , 1957. On the other hand, it is pertinent to note that Section 67 of the a href="..
In order to implement the provisions of the Act, 1957, the Government has made the Kerala Land Conservancy Rules, 1958. ... Land Conservancy Act, 1957, notices have been issued to the alleged encroachers, numbering 31. ... As per section 12 of the Kerala Land Conservancy Act, 1957, prior notice to the occupant etc. is required. Section 12 is re-produced hereunder: 12. Prior notice to occupant, etc. ... The Kerala Land Cons....
the procedure under the amended provisions of Rule 27C of the Kerala Conservation of Paddy Land and Wetland Act, 2008 for getting the Basic Tax Register corrected cannot be sustained. ... Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 mandating water conservancy measures and payment of fees for effecting changes in the nature of land in Revenue records, was introduced only by the Amendment Act, 2018 with effect from 30.12.....
The question as to whether a water tank belonging to the Kerala Water Authority would be covered under the Irrigation Act and whether the decision in Sobin's Case (supra) requires reconsideration in view of the nature and object of the irrigation As rightly observed by the learned Single Judge, in the instant case, there is a total lack of pleadings in respect of the distance or the existence of the water tank from the area of lease. Act being solely for irrigation purposes apart from the question as to the sanctity of the permission that can be granted by an irrigation off....
The question as to whether a water tank belonging to the Kerala Water Authority would be covered under the Irrigation Act and whether the decision in Sobin’s Case (supra) requires reconsideration in view of the nature and object of the irrigation Act being solely for irrigation purposes apart from the question as to the sanctity of the permission that can be granted by an irrigation officer when the tank is maintained by the water authority, are all matters on which we need not vex our mind in the instant case, as those will only be academic in the present case. As rightly ....
9. The counsel for the petitioner in WP(C)No. 5019/2015 argued that the object of the Kerala Irrigation and Water Conservation Act, 2003 is to regulate irrigation in the state. The learned counsel further argued that the petitioner-Company has been using water from Meenanthara Rivulet for the last 44 years and Section 7 of the Easement Act will apply. The Act, 2003 cannot apply to use of water for industrial purpose.
(f) Thus, NOC is contemplated only when the activity is carried out within l KM of a bridge, dam, check dam or any other work, structure or construction. (i) all canals, field channels, reservoirs and tanks, tube wells and filter point wells which are intended or which may be used for the supply, collection, storage or retention of water for agricultural purposes; (e) Section 40(2) of the Kerala Irrigation and Water Conservation Act, 2003 states that “[2] (d) Writ court dismissed the writ petition primarily on the ground of no objection certificate under Section 40(2) of th....
In less than three weeks of the afore-stated decision, the Kerala State Legislature amended Kerala Irrigation and Water Conservation Act, 2003 by the Kerala Irrigation and Water Conservation [Amendment] In State of Tamil Nadu Vs. State of Kerala & Anr., AIR 2014 SC, 2407 [known as Mullaperiyar Dam case], the Hon’ble Supreme Court vide judgment dated 27th February, 2006 decided the dispute between States of Tamil Nadu and Kerala, by permitting the water level in the Mullaperiyar Dam to be raised from 136 to 142 feet with a further direction that after the strengthening work ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
