Evolving land laws to match social realities

In Kerala, disputes related to assigned land have existed for more than six decades, going back to the introduction of the Land Assignment Rules in 1964. At that time, land was given mainly to the high-range population, who depended entirely on agriculture, with the condition that it could be used only for farming or for building houses. But over the years, lifestyles changed, and with generational shifts, the face of the high-range regions also transformed. People were compelled to use their land not only for schools and hospitals but also for commercial purposes. The government did not usually deny permission for such constructions. However, when the land began to be exploited excessively for profit, violations of the rules became widespread, leading to frequent court cases.

As real estate groups and large commercial establishments engaged in illegal construction, the High Court intervened. This led to a halt in all construction activities in areas like Munnar in Idukki. As a result, even ordinary families who had started small businesses on their assigned land for livelihood got caught in the legal complications. In its 2021 election manifesto, the Left Democratic Front had promised to resolve these complex issues through amendments to the rules. That promise has now been fulfilled, with the state cabinet recently approving amendments to the Land Assignment Rules, bringing relief to thousands of ordinary families in the high-range regions.

Chief Minister Pinarayi Vijayan has clarified that land assigned under pattayam should not be restricted only to farming or house construction, but the owners should have the freedom to use it for livelihood purposes as well. This approach is in tune with changing times, focusing not just on legality but also on supporting people’s lives. Laws and rules should ensure a safe, independent, and dignified life. When regulations start creating hardships, the real solution is to study the issues in detail and make necessary amendments. This reform is being hailed as one of the most commendable initiatives of the LDF government under Pinarayi Vijayan’s leadership.

One major amendment allows for the regularisation of past land use violations by paying a fixed fee. Another important change permits the use of land- originally assigned only for farming or housing- for other livelihood needs as well. All houses built for residential purposes can be regularised by paying just the application fee, bringing relief to thousands of families who have been living in the high ranges for generations. A revolutionary reform is that commercial buildings up to 3,000 square feet, built for livelihood purposes and not just for public institutions, can also be regularised without having to pay any compounding fee. With this amendment, however, the government also carries the responsibility of ensuring that excessive commercialisation of such lands does not happen in the name of livelihood in the future.