Encroachments unplugged
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There can be no mistaking an encroachment. Here is why.
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In realty-legal-speak entry upon another’s property without right or permission constitutes an encroachment. That is, unauthorised entry upon land of another. In a wider, more traditional sense, trespassing is an example and it has always invited penalties.
– Photo: Vipinchandran
DEMOLITION: An anti-encroachment drive in progress in Kochi.
With the entire State riveted on developments in Munnar over the last two months, encroachment is a word that comes frequently to mind. What constitutes an encroachment good and proper is a question that is widely being asked.
Revenue officials are unanimous in their opinion that an encroachment takes place, as is being understood in the current controversies, when public property or land owned by the Government or vested in it is taken into possession and enjoyed by a private individual or a collective without authorisation.
The meaning
In realty-legal-speak entry upon another’s property without right or permission constitutes an encroachment. That is, unauthorised entry upon land of another. In a wider, more traditional sense, trespassing is an example and it has always invited penalties.
Government land can be any property that has been so defined with definite boundaries and markings, complete with sketches that are available throughout the State. There is no mistaking Government property or puramboke, public road, canals, chira, ponds and water bodies so demarcated as they have been clearly located through the resurvey of land and their records complete with sketches have been completed in most parts of the State by now.
A Revenue official said that land that is either puramboke or demarcated for use for developmental activities by the Government or set aside for public purposes cannot be mistaken for private property. The Basic Tax Register is a record that makes things clear on this record. Any encroachments on public land can, therefore, be made out clearly, he says.
Land grab rampant
However, land grab has been rampant in the State. Strict implementation of law alone can prevent it, says S. Seetharaman, environmental activist. He says though the laws are clear, if there is no aggrieved party the encroached land continued to be used by the encroacher.
When the aggrieved party is the Government often there may not be legal action, he says. For example, he says that at leas 450 acres of land have been reclaimed by people on both banks of river Periyar over the years. These encroachments have never been questioned except occasionally.
Prof. Seetharaman also says that private land is hardly ever encroached upon as legal actions follow quickly. There is a certain amount of lethargy on the part of the official machinery to safeguard public property.
An official of the Revenue Department said that implementation of the Kerala Land Conservatory Act of 1957 and Rules of 1958 are being implemented continuously. The current developments have brought the process under sharp focus.
The official also said that the laws and rules are clear on Government land and on land owned by a person or persons in titled possession.
K.A. MARTIN
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