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[Cites 0, Cited by 9] [Section 75] [Entire Act]

State of Kerala - Subsection

Section 75(2) in Kerala Land Reforms Act, 1963

(2)Notwithstanding anything contained in Sub-section (1), the person in possession of the land on which there is a homestead or hut (hereinafter in this Sub-section referred to as the landholder) in the occupation of a kudikidappukaran may, if he bona fide requires the land-
(a)[ for constructing a building for his own residence or for the residence of any member of his family included major sons and daughters; or] [Substituted by Act 15 of 1976.]
(b)for purposes in connection with a town planning scheme approved by the competent authority; or
(c)for any industrial purpose,
require the kudikidappukaran, to shift to a new site belonging to him, subject to the following conditions, namely:
(i)the landholder shall pay to the kudikidappukaran the price of the homestead, if any, erected by the kudikidappukaran;
(ii)the new site shalt be fit for erecting a homestead and shall be within a distance of one mile from the existing kudikidappu;
(iii)[ the extent of new site shall be the extent of the existing kudlkidappu, subject to a minimum of three cents it within the limits of a city or a major municipality, five cents if within the limits of any other mu-nicipality and ten cents if in any panchayat area or township;] [Substituted by Act 35 of 1969.]
(iv)the landholder shall transfer ownership and possessions of the new site to the kudikidappukaran and shall pay to him the reasonable cost of shifting the kudikidappu to the new site.
Where the above conditions are compiled with, the kudikidappukaran shall be bound to shift to the new site.