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State of Kerala - Section

Section 79A in Kerala Land Reforms Act, 1963

79A. [ Customary and other rights of kudikidappukaran. [Inserted by Act 35 of 1969.]

(1)Notwithstanding anything contained in any law, or in any contract or in any judgement, decree or order of court, the kudikidappukarn shall be entitled to all rights accrued to him by custom, usage or agreement and which he was enjoying immediately before the commencement of this Act.
(2)Notwithstanding anything contained in any law, or in any judgement, decree or order of court, but without prejudice to any rights to which a kudikidappukaran may be entitled under any other law for the time being in force or under any custom, usage or contract a kudikidappukaran shall in respect of his kudikidappu have all the rights and privileges conferred on the owner of a land under the Indian Easements Act, 1882, as if the kudikidappukaran were the owner of his kudikidappu from the date on which the hut or homestead, as the case may be, was occupied or erected.
(3)Notwithstanding anything contained in any law, or in any judgement, decree or order of court, or in any contract, it shall not be necessary to obtain the consent of the owner or occupier or both of the land in which a kudikidappu is situate, to lay down or place any electric supply line or other work on, over or under such land for the purpose of supply of electrical energy to the kudikidappu for domestic consumption and use.
(4)Notwithstanding anything contained in any law, or in any judgement, decree or order of court, or in any contract, it shall not be necessary to obtain the consent of the owner or occupier or both of the land in which a kudikidappu is situate to lay down any pipe or to carry out any other work on, over or under such land for the purpose of supply of water to the kudikidappu for domestic consumption and use.Explanation. - For the purposes of this Section, enjoyment of any benefit or concession for a continuous period of three years immediately preceding the commencement of this Act shall be deemed to be enjoyment of a right accrued to the kudikidappukaran by custom, usage or agreement]