IMPORTANT POINTS
If any construction or reconstruction is proposed beyond the utilisation of the land already done, that has to be regularised by submitting application under 27A of Act 28 of 2008. The rigor of 27A of Act 28 of 2008 cannot be insisted upon the land which has been utilised by constructing buildings with valid permit or through the process of law before incorporation of Section 27 A of Act of 28 of 2008.

JUDGMENT :

The short point that arises for consideration in this writ petition is whether the owner of a converted paddy land with a building constructed prior to incorporation of Section 27A in the Kerala Paddy Land and Wetland Act, 2008 is required to obtain an order of regularisation under Section 27A of Act 28 of 2008 as a pre requisite to obtain building from a local authority.

2. Facts are not in dispute. The petitioner owns a land described as “Nilam” in BTR and entered as a converted land in Data Bank. The main application before the Cochin Corporation is for a building permit. Admittedly, an old building exists in the land. The land is situated in Elamkulam Village within the limits of Cochin Corporation. The Corporation refused to consider the application for the reason that the land is required to be regularised under Section 27A of Act 28 of 2008.

3. The old building exists in the land appears to have been constructed without obtaining any order under the Kerala Land Utilization Order, 1967. Prior to incorporation of Section 27A of Act 28 of 2008, with effect from 30.12.2017, converted paddy land can be utilised for other purposes, only after obtaining an order under Clause 6 of the Kerala Land Utilisation Order, 1967. After coming into force of Section 27A of Act 28 of 2008, if any person desirous of utilising an un-notified land, he will have to apply before the Revenue Divisional Officer, as provided under Section 27A of Act 28 of 2008. Regularisation is permissible on payment of fees prescribed.

4. Section 27A of Act 28 of 2008 is having only a prospective application. Therefore, the question arises is whether the construction already made without obtaining an order under the Kerala Land Utilisation Order can be treated as legal or not, to demand application of Section 27A of Act 28 of 2008.

5. Section 27 A of Act 28 of 2008 essentially seeks to legalise reclamation of an unnotified land which has been converted prior to 12.08.2008, the date on which Act 28 of 2008 came into force. That is to say, if an unnotified land has to be reclaimed, the holder of the land will have to approach the Revenue Divisional Officer, seeking permission under Section 27A of Act 28 of 2008. The problem presented in this case is when a reclamation had already taken place without orders under the Kerala Land Utilisation Order, is it a requirement under law to seek regularisation of land which has already been utilised through the process of law.

6. The above question can be considered only in the background of objectives of the Kerala Land Utilisation Order. The Kerala Land Utilisation Order is a piece of subordinate legislation to augment food production, by cultivating the food crops referred to in the Kerala Land Utilisation Order. The power conferred on the Collector under the Kerala Land Utilisation Order is an enabling power to command the holder of land to cultivate with food crops which were in cultivation. This Court in Archana Varghese Vs. District Collector [2015 (1) KLT 937] referred to the nature of power that can be exercised by the Collector under Clause 7 of the Kerala Land Utilisation Order and observed that it is only an enabling power to command the holder of the land to cultivate with crops which were in cultivation. The scheme of the Kerala Land Utilisation Order has to be understood within the framework of the Essential Commodities Act, 1955. The prohibition under Clause 6 of the Kerala Land Utilisation Order utilising the land for any other purpose except under and in accordance with the terms of a written permission given by the Collector have to be understood with reference to Clause 7 of the Kerala Land Utilisation Order. Clause 7 of the Kerala Land Utilisation Order confers power on the Collector to command the holder of the land to cultivate the crops which were in cultivation. This power is given to the Collector when the holder of the land is attempting to convert or utilise the land for other purposes without