SURYA KANT, UJJAL BHUYAN
Tahsildar – Appellant
Versus
Renjith George – Respondent
ORDER :
1. Leave granted.
2. Heard learned Senior Counsel for the parties and carefully perused the material placed on record.
3. The controversy herein has emanated from the applications moved by the respondent-landowners for the conversion of their ‘paddy land’ into ‘non-agricultural purpose land’. It appears that most of the respondents had moved the above-mentioned applications before the Revenue Divisional Officer under Clause 6 of the Kerala Land Utilisation Order, 1967. Some of these applications were allowed granting the conversions, while some remained pending. Meanwhile, the Kerala Conservation of Paddy Land and Wetland (Amendment) Bill, 2018 was passed to amend the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, 2008 Act’). The amended Act came into force w.e.f 30.12.2017, as is evident from Section 1(2) of the Amendment Act, which reads as follows:
4. The dispute eventually arose when the statutory authorities rejected the pending claims for conversion of land to non-agricultural purposes primarily on the premise that the new parameters introduced through the 2018 Amendme
The 2018 Amendment Act's conditions apply only to applications submitted after its effective date, not to pending applications, which remain under the unamended Act.
When applications are made before a specific cut-off date but permissions are granted after that date due to administrative delays or processes beyond applicants' control, they should not be subject ....
A petitioner must adhere to specific statutory provisions for land conversion, and cannot bypass these requirements through alternative applications.
Revenue Record - If orders are secured under KLU Order prior to cut off date, 30.12.2017, amended provisions of Act will not apply and additional entries regarding the change of description of land a....
Change of user of land - prescription made in the Rules framed in terms of Sec.27A(3) of the Amendment Act, stipulates that the amount to be paid is much lesser than the 50% of the fair value of the ....
Applications for land conversion submitted before the cut-off date are not subject to the new conditions imposed by the Amendment Act.
The Court required adherence to prior legal principles in the reconsideration of land conversion applications under relevant statutes.
An independent assessment is required to determine the characteristics of land before rejecting conversion applications under the Paddy Land Act, regardless of prior permissions.
If the land is shown as converted in the data bank, no correction is necessary for considering the application in Form No.6.
The authorized officer must follow statutory procedures without arbitrary reasons in land application rejections.
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