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2019 Supreme(Ker) 778

DEVAN RAMACHANDRAN
Subeesh K. R. , S/o. Kunnath Ramachandran – Appellant
Versus
Nadathara Grama Panchayat Trissur District, Represented by its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.T.N.MANOJ
For the Respondent: SRI.T.C.SURESH MENON, SRI.A.R.NIMOD, SMT.K.AMMINIKKUTTY, SR.GP.

JUDGMENT :

Among the stringent provisions of the Kerala Conservation of Paddy Land and Wetland Act (hereinafter referred to as 'the Paddy Land Act' for short), is available one that permits and approves conversion of small extents of Paddy Land solely for construction of a residential house for its owner. This is contained in Section 9(1) and 9(8) of the afore mentioned Act, which reads as under:

    “9. Constitution of District Level Authorised Committee–(1) Notwithstanding anything contained in Section 3, each Collector shall constitute in the District, District Level Authorised Committee for considering the applications for reclamation of paddy land for the construction of residential building to the owner of paddy land and for taking suitable decision:

Provided that the District Level Authorised Committee shall not take any decision granting permission for the filling up of paddy land for the construction of residential building exceeding an extent of 4.04 Ares in a Panchayat and an extent of 2.02 Ares in a Municipality/Corporation, as the case may be.

9(8) – Notwithstanding anything contained in subsection (1), no application shall be considered by the District Level Authorised Commit

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