The Hindu : Kerala News : Law to protect small landholders facing eviction

Online edition of India's National Newspaper
Sunday, Dec 26, 2004

Kerala

Kerala

Law to protect small landholders facing eviction

By Girish Menon

THIRUVANANTHAPURAM, DEC. 25 . The State Government will bring in a comprehensive legislation to protect occupants of land involved in ceiling cases from eviction under the relevant provisions of the Kerala Land Reforms Act, 1963 (KLRA).

The proposed legislation, seeking to amend the Land Reforms Act, would be a boon to small holders or cultivating tenants who came into possession of the lands previously owned by excess land holders after April 1, 1964, the date when the KLRA came into effect. These occupants had purchased or otherwise acquired land for consideration as evidenced by registered documents. They were under threat of eviction under the KLRA.

Amendment

The new amendment seeks to recognise these occupants as deemed tenants, besides validating their possession up to an extent of four hectares acquired by them or their predecessor-in-interest by way of purchase or otherwise on payment of consideration from any person holding land in excess of the ceiling area between the commencement of the KLRA and the amendment Act.

Under the existing provisions of KLRA, small-holders or cultivating tenants who came into possession of land previously owned by excess landholders after April 1, 1964, are liable to be evicted or under threat of being deprived of ownership. Such cases had been the subject matter before land tribunals, taluk land boards, the State Land Board, courts and revenue authorities for decades.

The interests of these landowners were being protected for short periods under the Kerala Stay of Eviction Proceedings Act since 1998. This Act has been re-enacted for short periods between one and two years. The Government had to get an ordinance promulgated in between to protect the right of small landholders. The bill was re-enacted in 1999, 2001, 2003, and 2004, with an Ordinance covering a six-month period in 2001. These acts were re-enacted on the basis of the assurances by successive governments to bring in the necessary legislations incorporating the amendments to the KLRA.

`Lack of political will'

A comprehensive legislation to find a lasting solution has been delayed owing to lack of political will and legislative time. The Government has been under considerable pressure from the general public and various organisations to enforce measures to protect the interests of the occupants who had acquired lands involved in ceiling cases on consideration evidenced by registered documents.

The main amendments are in the form of insertions into new Sections 7E and 84(4) of the original Act. As per Section 7E, persons who possess land not exceeding 4 hectares would be considered as deemed tenants. Section 84(4) seeks to protect the rights of the deemed tenants validating the transfers from April 1, 1964 to the date of commencement of the amendment Act.

Under Section 84(4), "No acquisition of land as per Section 7 E shall been deemed to be invalid or ever to have been invalid by reason only of the fact that the land so acquired was found included as, or forming part of, the land liable to be surrendered by the transferor as excess land under the provisions of this Act (KLRA) and no suit or other proceedings, including proceedings of eviction relating to the said land, shall be instituted, maintained or continued in any court or tribunal against any person who is deemed tenant under Section 7E and every suity or proceedings pending shall stand abated."

The legislation, published by the State Legislature, prohibits reopening of cases where excess land has been physically taken over and distributed to landless labourers or reserved for public purposes.

The new legislation also seeks to include a new provision (Section 106 B). This section provides for issuance of certificates of title to the deemed tenants, who would be required to make an application with the respective Land Tribunals having jurisdiction over the area under their possession.

The Government would be given powers to prescribe the manner in which the Land Tribunals would issue the certificates.

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