Protection of Public property in kerala James joseph Adhikarathil 9447464502

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

2. LAND • Public Land. • Assessed Land. jamesadhikaram

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

4. ROLE OF REVENUE OFFICERS RULE 4. • Protect Public property. • Prevent Encroachment. • Report Encroachment . • Eviction. • Co ordination of Eviction procedures. jamesadhikaram

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

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

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

14. PUNISHMENTS-3. jamesadhikaram

15. REPORT on ENCROACHMENT • Form A/AA • FMB. • Plotted sketch. • Mahazar PID of encroacher. Nature of encroachment Period of encroachment. Damages/Loss jamesadhikaram

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

17. PROTECTION OF PUBLIC PROPERTY.

18. Section 11(3)- summary eviction. “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” jamesadhikaram

19. Section 13A-. • ““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,afterrecording 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.” jamesadhikaram

20. Section 13A-summary eviction. • “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 . jamesadhikaram

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23. APPEAL. • TAHSILDAR – COLLECTOR – RDO • RDO - COLLECTOR - LRC jamesadhikaram

24. APPEAL. • TAHSILDAR – COLLECTOR – RDO • RDO - COLLECTOR - LRC jamesadhikaram

25. SENIORAGE. jamesadhikaram

26. ROLE OF REVENUE OFFICERS • 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 jamesadhikaram

30. . . T. JAMES JOSEPH,