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SANJAY KAROL, MANMOHAN
State of Kerala – Appellant
Versus
Moushmi Ann Jacob – Respondent
JUDGMENT
SANJAY KAROL, J.
Leave Granted.
2. The issue in these appeals is the construction of a Government Notification exempting the payment of fee upon reclamation of land originally reflected in the records of the State as ‘paddy land’ in accordance with the Kerala Conservation of Paddy Land and Wetland Act, 2008 [“The Act”]. The Learned Single Judge vide judgment and order dated 6th February 2023 [In W.P (C) 23400 of 2022] passed in WP(C)No. 23400/2022 held that the fee payable by a person would be calculable for the portion of land that is in excess of 25 cents, since that much stands exempted. Such a finding in law was confirmed by the learned Division Bench vide judgment and order dated 1st August 2023 in WA No.983/2023, and a review filed thereagainst in R.P. No. 894/2023 was dismissed by order dated 4th October 2023. The appellant-State takes exception to such a reading of the Notification, and hence, it is before us.
3. The background in which the writ petitions, their findings and subsequent review petition impugned herein, arose, is: -
The court ruled that the exemption from reclamation fees applies only to land up to 25 cents, and any excess land is subject to the full fee, emphasizing strict interpretation of notifications.
The imposition of a fee for buildings exceeding 3000 square feet under Rule 12(9) is ultra vires the Kerala Conservation of Paddy Land and Wetland Act, 2008, as it exceeds the authority granted by th....
The circular fixing a cut-off date for fee exemption was declared unconstitutional. Amounts collected based on unconstitutional levies must be refunded.
The imposition of a fee for building construction exceeding 3000 sq. ft. under the Kerala Conservation of Paddy Land and Wetland Rules is ultra vires the Act, violating constitutional provisions and ....
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 ....
Rule 12(9) of the Rules, 2008 prescribes that if permission is granted to utilise any un-notified paddy field for other purposes in contemplation of Section 27A, the State Government is vested with p....
The insistence for a fee regarding land not exceeding 25 cents was deemed arbitrary and inconsistent with statutory provisions.
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