IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22423 of 2008(T)
1. ADANI INFRASTRUCTURE & DEVELOPERS PVT.
... Petitioner
Vs
1. STATE OF KERALA,REP.BY THE PRINCIPAL
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. THE ADDITIONAL TAHASILDAR, KUNNATHUNADU
4. THE VILLAGE OFFICER, KIZHAKKAMBALAM
5. THE PRINCIPAL AGRICULTURAL OFFICER,
For Petitioner :SRI.C.J.JOY
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :26/09/2008
O R D E R
V. GIRI, J.
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W.P.(C) No. 22423 OF 2008
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Dated this the 26th day of September, 2008
JUDGMENT
Petitioner purchased property situated in Survey No.335/1 of
Kizhakkambalam Village under Ext.P1 document. According to the
petitioner, though the land is shown as agricultural land in the
revenue records, it is actually lying as a dry land. Petitioner seeks
reclamation of the land for non agricultural purposes. It has
submitted an application in this regard before the Revenue Divisional
Officer, and the same is pending consideration.
2. I heard the learned Government Pleader also. Learned
Government Pleader submits that petitioner apparently intends to put
up buildings in the property and wants a No Objection Certificate in
that regard from the Revenue Divisional Officer. It is submitted that
the actual status of the land will have to be verified.
3. It is necessary to take note of the fact that the bill which is
referred to in Ext.P5 has now become an Act, Kerala Conservation of
Paddy Lands and Wet Lands Act, Act 28 of 2008. Detailed
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provisions are contained in the said Act which contemplates
prohibition on conversion of paddy land for any other purpose except
in the manner provided in the Act. There is similar prohibition in the
case of reclamation of wet lands also. Paddy lands and wet lands
are also defined in the Act. Essentially the Act contemplates
recommendation by the local area committee which is to be
constituted in terms of the provisions of the Act. In other words,
competent authority will also have taken into account the
recommendation of the local area committee and other materials
which are considered relevant.
4. After hearing counsel on both sides, I am of the view that
the second respondent is to pass orders on the application referred
to in Ext.P3, in accordance with the provisions of Act 28 of 2008.
This will require an enquiry whether lands are paddy lands or wet
land. If the lands are paddy land or wet land, the second respondent
shall consider the application in accordance with Act 28 of 2008. If
the lands are not paddy lands or wet lands, the second respondent
shall consider the application under the provisions of the Land
W.P.(C)No. 22423 OF 2008
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Utilisation Act. If the competent authority finds that the application is
to be considered under the Kerala Land Utilisation Order, then the
competent authority is bound to conduct an effective enquiry into the
details given by the applicant. The provisions of the Land Utilisation
Order, which is a subordinate legislation, under the Essential
Commodities Act, is meant to be implemented with seriousness. It
should not be dealt with casually. It is not only the status of the land
in relation to which permission has been sought for, but also the
status of the neighbouring properties that is relevant. Possible
detrimental effect of conversion of one property forming part of a
larger cluster lands and the attendant ecological factors are to be
taken note of by the competent authority. There cannot be a casual
approach to an application under the Land Utilisation Order, either for
conversion to non agricultural purposes or for permission to use it for
purposes other than paddy cultivation.
In the result, the writ petition is disposed of directing the
second respondent to consider the application referred to in Ext.P3
and pass appropriate orders thereon, keeping in mind the
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observations made above, within a period of two months from the
date of receipt of a copy of this judgment.
(V. GIRI, JUDGE)
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