PROTECTION OF PUBLIC PROPERTY klc aCT PPT James Joseph Adhikarathil

PROTECTION OF PUBLIC PROPERTY.
T. James Joseph, Adhikarathil
.

LAND
jamesadhikaram
1. Public Land.
2. Assessed Land.

PROTECTION OF PUBLIC PROPERTY
jamesadhikaram
Kerala Land Conservancy Act 1957 –
amended 2009.
Kerala land Conservancy Rules 1958

ROLE OF REVENUE OFFICERS
jamesadhikaram
RULE 4.
1. Protect Public property.
2. Prevent Encroachment.
3. Report Encroachment .
4. Eviction.
5. Co ordination of Eviction procedures.

KERAL LAND CONSERVANCY ACT
jamesadhikaram
1. Puramboke – Govt. Land- LSG Land – Boards-
Universities- land holding after expiry of lease.
2. Section 15 -Power conferred to various authorities to
act as Collector.
3. VO should report to collectors. Eg Kerala Highway
protection act s.15.
4. Abetment for encroachment is also punishable.
5. Laxity is punishable.
6. Section 9- Offences are cognizable and trial by CJM.
7. Arrest by Collector.
8. Exemption for land holders having Kaivasa Rekha.

PUNISHMENTS-1
jamesadhikaram
1. Non Bailable offence.
2. Trial by CJM Court.
3. Documents to be submitted in court.
1. A/AA form.
2. Sketch.
3 . Mahazar.
4. Order of Collector.
3. Bar of suits.
4. Arrest by Collector.

PUNISHMENTS-2
jamesadhikaram
Cancellation of sale deeds.
Gazette notification 12 dt 24/03/12015.
1. Report to District Collector.
2. Hearing.
3. Final order within 3 months from receipt of
complaint.
4. Cancellation of sale deed by SRO as per Section
83A(2) of Registration Act.

PUNISHMENTS-3.
jamesadhikaram
offence Fine
Rs.
Imprisonment.
1 Encroachment. 50000
to
200000
3 to 5 years
Rs 500 per day for
Repeated offence.
2 Forged documents
Transferring public land
50000
to
200000
5 to 7 years.
3 Abetment 50000
to
200000
3 to 5 years.
4 Laxity from officials not less
than
50000
1 to 2 years.
5 Construction & fencing 10000
to
25000

REPORT on ENCROACHMENT
jamesadhikaram
1. Form A/AA
2. FMB.
3. Plotted sketch.
4. Mahazar
PID of encroacher.
Nature of encroachment
Period of encroachment.
Damages/Loss

REPORT AND FORMS.
jamesadhikaram
1. Form A – report to tahsildar by VO
2. Form AA-report to tahr.reg. transfer of materials.
3. Form B for hearing. R-9
4. Form C with order of eviction.
5. Form CC for summary eviction
6. Form D for warrant of arrest againstprotestor.S11(2)
7. Form E – Permit for the removal of materials.
8. Form F – Register of permits.
9. Form G – Application for license for erecting
wall/fence/building .
10. Form H – License

PROTECTION OF PUBLIC PROPERTY.

Section 11(3)- summary eviction.
jamesadhikaram
“when the Collector is of opinion that it is expedient in
the public interest to take urgent action without
following the procedure laid down in sub-section (2) he
may, after recording his reasons for so doing issue a
notice to the person in occupation calling upon him to
vacate the land within such period as may be specified
in the notice, and if the land is not vacated within the
said period, any officer authorised by the Collector may
enter upon the land and take possession of the same,
if necessary by using such force as the circumstances
may justify”

Section 13A-.
jamesadhikaram
 ““Notwithstanding anything contained in the
foregoing rules,where the Collector is of opinion that
it is expedient in the public interest to remove an
unauthorised occupation, he may,after recording the
reasons therefore, serve or cause to serve a notice
in Form ‘CC’ appended to these rules on the person
in occupation directing him to vacate the land within
such period as may be specified therein, and if the
land is not so vacated within the said period, any
officer authorised by the Collector may enter upon
the land and take possession of the same, if
necessary by using such force as the circumstances of
the case may justify.”

Section 13A-summary eviction.
jamesadhikaram
 “serve a notice in Form ‘CC’”
 “expedient in the public interest”
 “recording the reasons”
(This space is the form is always left blank!)
 “take possession”
(Sometimes not done. Procedure completed on paper
alone)
NATURAL JUSTICE.
RIGHT OT FAIR HEARING.
RIGHT TO REASONED ORDER .

APPEAL.
jamesadhikaram
 TAHSILDAR – COLLECTOR – RDO
 RDO - COLLECTOR - LRC

ROLE OF REVENUE OFFICERS
jamesadhikaram
 WPC 9344/2015 - The panchayath has no
authority to to use the land vested with them for
construction – Vesting with panchayath is only
for the purpose of management

PROTECTION OF PUBLIC PROPERTY klc aCT PPT James Joseph Adhikarathil

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