Section 72 in Kerala Land Reforms (Tenancy) Rules, 1970
72. Form of application for shifting Kudikidappukaran.
(1)The application to the Government by a holder of land for acquisition of land for shifting a kudikidappukaran shall be in Form Mo. 35.(2)Upon receipt of such an application, the Officer authorised by the Government in this behalf shall make such enquiry as he may deem fit alter giving the applicant as well as the Kudikidappukaran an opportunity of being heard and after giving them copies of documents on which reliance is placed by him and it he is satisfied that the applicant requires the land occupied by the kudikidappu tor constructing a building for his own residence and that the total extent of land held by him on the 1st day of July, 1969, either as owner or as tenant was less than one acre, he shall require the applicant to deposit eighty seven and a half per cent of the cost of acquisition of the land to be acquired and to execute an agreement undertaking to pay the same percentage of any increase in, the compensation for the land acquired,(2A)If the Officer is satisfied after the enquiry referred to In sub-rule (2) that the applicant does not require the land occupied by the kudikidappu for constructing a building for his own residence or that total extent of land held by the applicant on the 1st day of July, 1969. either as owner or as lenant was one acre or more or if the applicant is not prepared to deposit eighty seven and a half per cent of the cost of acquisition of the land to be acquired or to execute an agreement undertaking lo pay the same percentage of any increase in the compensation for the land to be acquired, the officer shall forward a report of his enquiry together with his conclusion thereon to the Government for their orders.(2B)The Government shall, after considering the report and the conclusion of the officer and after affording an opportunity to the person affected to state his case pass such order thereon as they think fit.(2C)The order of the Government under sub-rule (2B) shall not be called in question in any Court solely on the ground that the inquiry by hearing the parties and furnishing relevant records was conducted by the officer and not the Government.(3)As soon as may be after the applicant deposits his share of the cost of acquisition, the officer shall take steps to acquire the necessary land, transfer possession of such land to the Kudikidappukaran and require him to shift to the sard land.(4)In choosing the necessary land to r acquisition, t he following order of p reference shall, as far as possible, be observed, namely:-(a)land in the vicinity of the Kudikidappu;(b)land situate within the jurisdiction of the same local authority with In whose jurisdiction the kudikidappu is situate;(c)land situate within the jurisdiction of any adjacent local authority.(5)The land to be acquired shall be fit for erecting a homestead and shall, as far as possible, be not greater in value than the land on which the Kudikidappu is situate.(6)Where the Kudikidappukaran shifts to the land so acquired, the officer shall arrange for the issue of a patta in Form No. 36 to the Kudikidappukaran in respect of such land,
