IMPORTANT POINTS
No permission under the Kerala Land Utilization Order is necessary for any activity of construction or use of any land in the residential use zone or any other zone in the town planning scheme constituted as per the Town Planning Act, 1108-If any Town Planning Scheme does not save the land and area for cultivation of any crops mentioned under the Land Utilisation Order 1967, it has to be assumed that, through the process of law, power of Collector to command the holder of land to cultivate crops has been taken away.

JUDGMENT :

SHAJI P. CHALY, J.

Respondents 1 to 3 in W.P.(C) No.25347/2019 i.e., the State and its officials, are the appellants challenging the judgment of the learned Single Judge dated 29.10.2019, whereby the learned Single Judge having found that, since the property in question still continues as a paddy field in the Basic Tax Register and revenue records directed the petitioner to approach the competent Tahsildar with an application under Section 6A of the Kerala Land Tax Act, 1961; and if this is done within a period of one month from the date of receipt of a copy of the judgment, the same shall be considered by the said authority and necessary orders will be issued at the earliest. However, made it clear that the Corporation of Kochi will deal with the application of the petitioner seeking building permit as expeditiously as possible but not later than one month from the date of receipt of a copy of the judgment without waiting for the orders from the Tahsildar and the resultant order shall be communicated to the petitioner without any avoidable delay. It is thus challenging the correctness and legality of the findings and directions issued by the learned Single Judge, the appeal is preferred. Basic material facts for the disposal of the writ appeal are as follows;

2. Writ petitioner is now the owner in possession and enjoyment of an extent of 2.64 Ares of land in Sy.No.922/2-10 of Elamkulam Village, Kanayannur Taluk, Ernakulam District originally allotted to his father under the Panampilly Nagar Housing Scheme of the Elamkulam West Town Planning Scheme, by the Cochin Town Planning Trust constituted as per the provisions of The Town Planning Act IV of 1108, hereinafter called Act, 1108, an Act constituted to regulate the development of towns to secure to their present and future inhabitants sanitary conditions, amenity and convenience, passed by His Highness the Maharaja of Travancore under date the 17th Dhanu, 1108, corresponding to the 31st December 1932.

3. An agreement for sale and lease was also executed between Sri.Chacko and the Cochin Town Planning Trust on 6.3.1975 permitting construction of residential buildings in the property. Apparently, the Greater Cochin Development Authority, created by the State Government, by virtue of the powers conferred under section 53A of Act, 1108, and the Madras Town Planning Act 1920 had obtained development charges and cost for amenities from the allottee at the time of execution of the deed. These are all undisputed facts and the documents relating to the same were produced by the petitioner in the writ petition as Exts.P1 and P2.

4. In fact Cochin Town Planning Trust was thereafter re-constituted as Greater Cochin Development Authority. In 1982, Greater Cochin Development Authority, Ernakulam -5th respondent executed a sale deed in favour of Smt.Annamma, mother of the petitioner. A double storied building was constructed in the property and house Nos.27/270, 27/270A were allotted by the Kochi Municipal Corporation -4th respondent, which was successively being changed on enumeration conducted. Building tax was being paid by the owner of the building, evident from Exts.P3 and P4 receipts. Later petitioner's mother executed Ext.P5 settlement deed in favour of the petitioner. Apparently on introduction of the Kerala Conservation of Paddy land and Wetland Act, 2008, hereinafter called, 'Act 2008', the property was included in the data bank classifying as “converted as dry land” by the Agricultural Officer, Krishi Bhavan, Ernakulam, evident from Ext.P6.

5. According to the petitioner, the entire area is covered with buildings, however, when the petitioner submitted an application seeking building permit, objection was raised by the Corporation of Kochi that the property is remaining in the Basic Tax Register as 'Nilam' (paddy field). Thereupon, petitioner has submitted Exts.P7 and P8 representations before the Revenue Divisional Officer, Fort Kochi, seeking Non Objection Certificate for