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State of Kerala - Section

Section 4 in Kannan Devan Hills (Resumption of Lands) Act, 1971

4. Restoration of possession of lands in certain cases.

(1)Where the person in possession of a plantation considers that any land, the possession of which has vested in the Government under sub-section (1) of section 3,-
(a)is necessary for any purpose ancillary to the cultivation of plantation crops in such plantation or for the preparation of the same for the market; or
(b)being agricultural land interspersed within the boundaries of the area cultivated with plantation crops, is necessary for the protection and efficient management of such cultivation; or
(c)is necessary for the preservation of an existing plantation, he may, within sixty days from the date of publication of this Act in the Gazette, apply to the Land Board for the restoration of possession of such land.
(2)An application under sub-section (1) shall be in such form as may be prescribed.
(3)On receipt of an application under sub-section (1), the Land Board shall, after giving the applicant an opportunity of being heard and after such inquiry as it deems necessary, by order determine the extent of land necessary for the purpose or purposes specified in the application, and such order shall be final.
(4)As soon as may be after determining the extent of land necessary for the purpose or purposes specified in the application under sub-section (1), the Land Board shall cause such land to be demarcated and put the applicant in possession of such land.
(5)Any person put in possession of any land under sub-section (4) shall be entitled to possess that land on the same terms and subject to the same conditions on or subject to which he was holding such land immediately before the appointed day.