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State of Kerala - Section

Section 3 in Kerala Land Conservancy Act, 1957

3. Property of Government defined.

(1)All public roads, streets, lanes, and paths, the bridges, ditches, dykes and fences on or beside the same, the bed of the sea and of harbours and creeks below high water mark, the beds and banks of rivers, streams, irrigation and drainage channels, canals, tanks, lakes, backwaters and water courses, and all standing and flowing water, and all lands wheresoever situated, save in so far as the same are the property of-
(a)[Jenmies, Wargdars] [Substituted by Act 11 of 1971.] or holders of Inams; or
(b)[persons registered in the revenue records as] [Inserted by Act 11 of 1971.] holders of lands in any way subject to the payment of land revenue to the Government, or
(c)any other registered holder of land in proprietary right; or
(d)any person holding land under grant from the Government otherwise than by way of a [lease or licence] [Substituted by Act 11 of 1971.].
(e)any person claiming through or holding under any of the persons referred to in clauses (a), (b), (c) or (d), are, and are hereby declared to be, the property of Government, except as may be otherwise provided by any law for the time being in force, subject to all rights of way and other public rights and to the natural and easement rights of other land owners and to all customary rights legally subsisting.
Explanation I. - Lands once registered in the name of a person but subsequently abandoned or relinquished, and all lands held by right of escheat, purchase, resumption, reversion or acquisition under the Land Acquisition Act for the time being in force, are the property of Government within the meaning of this section.[Explanation 1A. [Inserted by Act 11 of 1971.] - Where the ownership and possession, or the possession, of any land are or is vested in the Government under section 86 or section 87 of the Kerala Land Reforms Act, 1963 (1 of 1964), such land shall, so long as it is in the possession of the Government, be the property of Government within the meaning of this section.]Explanation II. - In this section, the expression 'high-water mark' means the highest point reached by the ordinary spring tide at any season of the year.Explanation III. - Where, in regard to roads, lanes and canals, survey stones had been, in the original demarcation under the Survey Act, in force, planted for the sake of convenience and safety inside compound walls and gates of compounds, in house verandhas door steps, porticoes masonry drains and similar structures of a permanent nature, such walls, gates, verandhas, etc., shall not be deemed to be property of Government within the meaning of this section.[Explanation IV. - Lands belonging to the Government of any other state in India or to the Kerala State Electricity Board or to a University established by law or to a corporation owned or controlled by the Government of Kerala or to (any Panchayat as defined in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or any municipality as defined in the Kerala Muncipality Act 1994 (20 of 1994)) shall be deemed to be the property of Government within the meaning of this section] [Inserted by Act 11 of 1971.].
(2)All unassessed lands within the limits of private estates used or reserved for public purposes or for the communal use of villagers, and all public roads and streets vested in any local authority shall, for the purpose of this Act, be deemed to be the property of Government.