Kerala's assigned land could be used only for farming, a house and the land's beneficial enjoyment

Background

The Kerala Government Land Assignment Act, enacted in 1960, governs the assignment of revenue land to individuals. Under that Act, 'pattah' land could be used only for agricultural purposes, house construction and beneficial enjoyment of the land by creating access roads and wells. Rule IV of the Land Assignment Rules, which came in 1964, confined the use of such land to agriculture and building houses, and that restriction is what led to the construction ban. It became a live issue after the High Court, considering cases on unauthorised land encroachment in Idukki district, made no-objection certificates mandatory for construction works in the district, which led to a virtual freeze of construction there. A political consensus to amend the 1960 Act soon emerged. The state Assembly passed the Land Assignment amendment unanimously. The amending Act of 2023 allows the government to regularise violations of the conditions on which such land was assigned.