Dr.D.Sajith Babu Dr.D.Sajith Babu

National Centre for Land GovernanceNational Centre for Land Governance

�Doctrine of Eminent Domain

�Doctrine of Public Trust

Indian jurisprudence regarding eminent 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 over the land of its“sovereign,” which can reassert its right over the land of its

“subjects” at any time.

Hugo Grotius, De Jure Belli ac Pacis Libri Tres (Oxford: Clarendon Press, 1925

The public authorities should act as trustees of natural resources

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

Except the freehold lands, rest of the lands are Government lands, as

per the “Doctrine of Eminent Domain”

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

� Survey – Resurvey – Updation Survey

Survey & Boundaries Act, 1961

� RegistrationRegistration Act, 1908

� Transfer of Registry

Transfer of Registry Rules, 1966

� Basic Tax Register / Settlement Register

� Thandaper RegisterThandaper Register

� Poromboke Register

� FMB/Survey sketch/Cadastral map

�Correlation Register

� Vested lands of Kerala 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

� Through this the Government 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 without going for plan and formulate development programmes without going for 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

� Timely action against encroachments and time expired leases through

alerting systems

� More transparent land transactions by KSEB can be assured

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

Rule 12 : Warrant in Form D

Rule 13A : Immediate eviction through CC notice

Appeal & Revision : Tahsildar ---- RDO ------ Collector

RDO ----- Collector ----- Commissioner

Collector ---- Commissioner ---- Government

Please contact:

Dr.D.SajithDr.D.Sajith BabuBabu

National Centre for Land Governance [NCLG]National Centre for Land Governance [NCLG]

IMG, IMG, VikasVikas BhavanBhavan, TVM, TVM--3333

sajith.nclg@gmail.comsajith.nclg@gmail.com

94472712439447271243