Land governance Principles & Practices

Land governance Principles & Practices

• 1.
  DDrr..DD..SSaajjiitthh BBaabbuu NNaattiioonnaallCCeennttrree ffoorr LLaanndd GGoovveerrnnaannccee
• 2.
  Doctrine of EminentDomain Doctrine of Public Trust
• 3.
  Indian jurisprudence regardingeminent domain inevitably traces the concept back to its roots in Grotius, and justifies its use based on the proposition that all land vests in the “sovereign,” which can reassert its right oovveerr tthhee llaanndd ooff iittss “subjects” at any time. Hugo Grotius, De Jure Belli ac Pacis Libri Tres (Oxford: Clarendon Press, 1925
• 4.
  The public authoritiesshould act as trustees of natural resources
• 5.
  Except the freeholdlands, rest of the lands are Government lands, as per the “Doctrine of Eminent Domain” I. Those lands covered by Section 3[1], 3[2] 4 of Kerala Land Conservancy Act, 1957 and under the custody and management of Department of Revenue II. Those lands in possession of other Government Departments, Devaswoms, Wakfs and PSUs III. Those lands got vested in LSGs by Section 218 of Panchayath Raj Act,1994 and managed by the LSGs and to be protected as per “Doctrine of Public Trust” IV. Those lands under the control of Forest Department as per the Forest Conservation Act, 1980
• 6.
  Survey – Resurvey– Updation Survey Survey Boundaries Act, 1961 Registration Registration Act, 1908 Transfer of Registry Transfer of Registry Rules, 1966
• 7.
  Basic Tax Register/ Settlement Register TThhaannddaappeerr RReeggiisstteerr Poromboke Register FMB/Survey sketch/Cadastral map Correlation Register
• 8.
  Vested lands ofKerala Electricity Department as per as per order no. EL1-6475/56/PW dated 7-3-1957 Acquired lands as per Land Acquisition Act, 1894 Relinquished lands as per Relinquishment Act, 1958 Assigned land as per Kerala Land Assignment Act, 1960 Purchased lands Gifted lands Lands held on long/short term lease Lands on adverse possession
• 9.
  Through this theGovernment and the public would be in a position to recognize which all are the public lands in the custody of KSEB More and more lands would traced out with the peoples' participation through valuable information from the public The data base would act as a ready reference for the KSEB, to plan and formulate development programmes wwiitthhoouutt ggooiinngg ffoorr costly land acquisitions Centralized control and management of lands including leases The KSEB lands will be managed and monitored in a better manner The return from can be enhanced many fold through better and professional management
• 10.
  Timely action againstencroachments and time expired leases through alerting systems More transparent land transactions by KSEB can be assured
• 12.
  Rule 4 :Primary duty of the officers of Revenue Department is to prevent encroachment Rule 4[ii] : Report encroachment in Form A to “Collector “designated by section 15 of the Act Rule 9 : Notice under Section 12 of the Act in Form B Rule 11 : Final notice in Form C – Fine up to 50000-2.00 lakhs and/or imprisonment up to 2-5 years
• 13.
  Rule 12 :Warrant in Form D Rule 13A : Immediate eviction through CC notice Appeal Revision : Tahsildar ---- RDO ------ Collector RDO ----- Collector ----- Commissioner Collector ---- Commissioner ---- Government
• 14.
  Please contact: DDrr..DD..SSaajjiitthhBBaabbuu NNaattiioonnaall CCeennttrree ffoorr LLaanndd GGoovveerrnnaannccee [[NNCCLLGG]] IIMMGG,, VViikkaass BBhhaavvaann,, TTVVMM-3333 ssaajjiitthh..nnccllgg@@ggmmaaiill..ccoomm 99444477227711224433