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THE KERALA TEMPORARY STAY OF EVICfiON
PROCEEDINGS ACT, 2007
•(ACT 14 OF 2007) C0~1TENTS
Preamble Sectwns
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' 275 [Translation m Enghsh of "2007-6H~J aca,m~ 6l~1 ~ c06)«S5 ms nJ s1 ce,CJ8 cmoroacOOoe.J1ca, m1cOCOTlrl1ru
ACT No. 14 OF 2007*
1HE KERALA TEMPORARY STAY OF EVICTION
PROCEEDINGS ACT, 2007
AN
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ACT
to provzde for the stay of evzctzon of certazn persons zn occupatzon of the land vested m the Government, as surplus land under the Kerala Land RC!forms Act, 1963 (1 of 1964}, sztuated zn Raroth Village af Kozh1kode Taluk of Kozhzkode Dzstrzct, more partzcularly descnbed zn the Schedule for a temporary perzod, till final deczszons on the pendzng appltcatzons for asszgnment of land under sectzon 96 of the Kerala Land Reforms Act, 1 963, are taken
Preamble -WHEREAS, 1t ts expedtent to provtde for the stay of cvtctJOn of certam persons m occupatiOn of the land vested m the Government as surplus land under the Kerala Land Reforms Act, 1963 (1 of 1964) sttuatcd m Raroth VIllage of Kozhtkode Taluk of Kozhlkode D1stnct, more parttcularly descnbcd m the Schedule attached hereto, (heremafter referred to as the satd )and) for a temporary penod, till final decistons on the pendmg apphcat10ns for asstgnment of land under sectiOn 96 of the Kerala Land Reforms Act, 1963 are taken, ~ AND WHEREAS, the satd land was reserved for public purpose under sub-section (lA) of sect10n 96 of the satd Act,
AND WHEREAS, an extent of 98 50 acres, out of the sa1d land, was proposed to be transferred by the Government as per G 0 (Ms) 408/95/RD dated the 19th August, 1995 to the Central Reserve Pohce Force for the purpose of setting up a Trammg Complex,
AND WHEREAS, the above proposal was subsequently cancelled by the Government as per G 0 (Ms )224/97/RD dated the 31st March, 1997, constdermg the fact that a good number of persons m occupatton of the satd land nrc landless poor labourers, ehg1ble for assignment of excess land under section 96 of the K-erala Land Reforms Act, 1963 and also constdenng the grave law and (\"'der problem that may anse 1f mass evtctron rs carr!ed out, AND \VnEREAS, the Htgh Court of Kerala m Its Judgemept m 0 P No 1703/ 96 has (hrected that tf the Government does not want the land for the pubhc
• Recc1vcd the assent of Go vernor on the. 23rd Augu-;t, 2007 and published 10 the Kerala Gazette Extr:-ord:nary N ~ 1557 dated 23rd August, / 007
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purpose It shall be assigned to the landless persons m tenns of the Kerala Land Refo~s Act, 1963 or the Kerala Land Assignment Act, 1960, Without givmg any wetghtage to the encroachers, for thelT occupat10n dunng the penod of thetr encroachment;
AND WHEREAS, the apphcat10ns filed by persons, "mcludmg those now m occupatton of the satd land, for assrgnment pursuant to the notificatron rsSued by the DJstnct Collector,- Kozhtkod.e, are under acttve consideration of the Government,
AND WHERE~S, the H1gh Court of Kerala m Its JUdgement m 0 P No. 13326 of 1996 has dtrected the Government to evtct the persons who are m occupatiOn of the srud land and to allot the land for the pubhc purpose mtended, · AND WHEREAS, the High Court of Kerala m C C C. I 189 of 2000 m 0 P No. 13326/1996 has allowed t1me ttll the 31st July, 2006 t? comply wtth the dtrectton gtven by the Hon 'ble Htgh Court,
AND WHeREAS, some more time ts reqmred by the Government to exanune the matter and to constder and take decisiOns on the apphcat10ns flied ' by persons mcludmg the present occupants, ..
Al\'"D WHEREAS, diff1culttes wtll anse 1f proceedmgs for evtctton of the occupants are taken wtthout exammmg the apphcatwns,
Ar-.'D WH~REAS, the Government constder 1t necessary 10 the publtc mterest to stay the proceedmgs for ev1ctwn of the present occupants for a temporary penod,
Be 1t enacted m the Ftfty-etghth Year of the Repubhc of lnd1a as follows -
1 Short tllle and commencement--{ 1) Th1s Act may be called the Kcrala Temporary Stay of Evtctton Proceedmgs Act, 2007
(2) It shall be deemed to have come mto force on the 26th day of July, 2006
2. Stay of evzctwn proceedmgs - ( 1) NotwJthstandmg anythmg con tamed m any other law for the ttme bemg 10 force, or 10 any Judgement, decree or
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(2) The Government, after examtmng the matter shall, dtrect the Dtstnct Collector, Kozhtkode to constder the apphcatwns for assignment ftled by persons, mcludtng those m occupatton of such land, and take final dccts1on thereon on ment, m accordance wtth law before the exptry of the pcnod mentioned m sub-sect10n (I).
(3) Nothmg contamed. m sub-section (I) shall be construed as preventmg the Dtstnct Collector, Kozhtkode from evtctmg any person wtthm the penod mentwned m sub-secuon (f), who ts found to be mehgtble for asstgnment of land under the Kerala Land Refonns Act, 1963
3 Repeal and Savmg -( 1) The Kerala Temporary Stay of Ev1ct1on • • --+- Proceedmgs Ordmance, 2007 (40 of 2007) IS hereby repealed.
(2) Notwtthstandmg such repeal, anythmg done or deemed to have been done or any action taken or deemed to have been taken under the satd Ordmance shall be deemed to have been done or taken under thts Act D1slnct Taluk
Kozhtkode Kozhtkode .
ScHEDULE
Village
Raroth
Sy No
R S No 2
R S No. 86/2
R S No 86/1
Extent
ACH! CC'nt
94485
6 50
2 00
4 25
13 78
5 00