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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.Nagaresh, J.
K.C.C Buildcon Private Limited – Petitioner
Versus
Government Of Kerala, Represented By Secretary To Government, Department Of Revenue And Ors. – Respondents
W.P.(C) Nos.21017 and 22746 of 2023
Decided On : 05-10-2023
Conversion of paddy land for public purpose is governed by the Kerala Conservation of Paddy Land and Wetland Act, 2008. Section 10(2) grants the government power of exemption for conversion or reclamation of paddy land/wetland if it is for any essential public purpose and will not adversely affect paddy cultivation in the adjoining lands. The Act was amended in 2018, removing the requirement for recommendation by the Local Level Monitoring Committee and non-availability of alternate land. The amendments aimed to strike a balance between paddy land protection and public infrastructure development. The court found that temporary conversion is permissible under the Act and that the government's reasons for rejection were unsustainable.
Fact of the Case:
A private limited company filed a petition seeking permission to convert paddy land for the construction of a base camp for a highway project. The State Level Committee recommended granting permission, but the government rejected the application. The petitioner challenged the rejection order, arguing that the conversion is temporary and essential for public purpose. The court examined the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the amendments made to it. The court found that temporary conversion for public purpose is permissible under the Act and that the reasons given by the government for rejection were unsustainable. The court set aside the rejection order and directed the government to grant permission for temporary conversion within two weeks. Another respondent's petition challenging the State Level Committee's decision was dismissed.
Finding of the Court:
The court analyzed the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the amendments made to it. The court found that temporary conversion for public purpose is permissible under the Act and that the reasons given by the government for rejection were unsustainable.
Ratio Decidendi: Temporary conversion of paddy land for public purpose is permissible under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The government's rejection of the application for permission was unsustainable.
Result: The court set aside the government's rejection order and directed the government to grant permission for temporary conversion within two weeks. Another respondent's petition challenging the State Level Committee's decision was dismissed.
JUDGMENT :
W.P.(C) No.21017/2023 has been filed by a Private Limited Company seeking to quash Ext.P8 and to direct the 1st respondent to grant exemption as sought for by the petitioner under Section 10 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 in the light of Ext.P7 report of the State Level Committee. W.P.(C) No.22746/2023 has been filed by the additional 6th respondent in W.P.(C) No.21017/2023 seeking to declare that the decision of the 5th respondent-State Level Committee regarding case No.1 of Ext.P1 (Ext.P7 in W.P.(C) No.21017/2023) relating to the petitioner-Company is illegal and without considering relevant matters. The 6th respondent seeks to quash Ext.P1. The parties and documents are referred to as they are arrayed/marked in W.P.(C) No.21017/2023, for convenience.
2. The National Highway Authority of India (NHAI) accepted the bid of the petitioner for the work of development, maintenance and management of “Six-laning of Thurvavoor-Paravoor Section of New NH-66 (Old NH-47) in the State of Kerala on EPC mode under Bharatmala Pariyojana” and issued letter of acceptance dated 15.11.2021. Ext.P1 Engineering, Procurement and Construction (EPC) Agreement was executed on 17.01.2022.
3. In order to facilitate the said work relating to National Highway, the petitioner identified land measuring 66,000 square metres located in Kanjikuzhi Village of Cherthala Taluk by the side of the Project Highway for establishing a Base Camp. The Base Camp is to consist of Site Office, Stores, Materials Storage, Quality Assurance Lab, Workshop, Wet Mix Plant, Hot Mix Plant, etc. An MOU was executed with each of the land owners for use of the land as Base Camp.
4. Out of the 66,000 square metres of land, 55,341 square metres were included in the Data Bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008. Therefore, Ext.P2 request was made to the District Collector on 17.02.2022 seeking permission to reclaim the land for public purpose since there was no suitable and sufficient land available in the vicinity of the Project Area. The District Collector forwarded Ext.P2 to the Village Officer on 18.02.2022 itself.
5. The Village Officer submitted Ext.P3 report on 21.02.2022 stating that the proposed land has not been used for paddy cultivation for the last more than 30 years and that there are numerous trees including coconut palms standing in the property. The Village Officer further reported that for the last more than 8 years, no cultivation whatsoever has taken place in the land. The Village Officer, however, opined that the request for reclamation of land would have to be routed through the Local Level Monitoring Committee (LLMC).
6. The petitioner states that taking into consideration the importance and urgency of the work, the Chief Minister of the State convened a meeting on 26.02.2022 to discuss the progress in relation to the acquisition of land for National Highways. In the said meeting, the Regional Officer of NH, Kerala stated that request for conversion of wetland to dry land for establishing the Base Camp is pending with the District Administration, Alappuzha. The District Collector informed that the proposal has been duly recommended and forwarded to the Government for according permission and that the Chief Secretary informed that it will be processed at the earliest.
7. By way of abundant caution, the petitioner submitted Ext.P5 application in Form-2 under Rule 5 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 to the Convenor of the LLMC on 06.12.2022. The LLMC submitted its report to the State Level Committee. The State Level Committee unanimously resolved to recommend the application for conversion considering the fact that the construction of the Base Camp is temporary in nature and the project work has to be executed within 910 days. It also ordered that immediately after the completion of the project work, the land shall be restored to its original state.
8. To the sur
Point of law: Under Section 81(3) of Kerala Land Reforms Act, Government can exempt any holding from provisions of ceiling area, for public purpose.
The inquiry under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act must focus solely on impacts to neighbouring paddy lands, disregarding irrelevant criteria for application reje....
Permitting land use under Clause 6(2) does not extend to unauthorized reclamation, and remedies lie in approaching statutory authorities per Section 27A of the Paddy Act.
The court ruled that prior permissions regarding land use are limited and require statutory application for any changes in tenure, reaffirming the need for compliance with land laws.
Statutory authorities must act within their jurisdiction, and rejection of an application for land classification cannot rely on factors outside the scope of the inquiry defined in the relevant law.
Restoration orders under the Kerala Paddy Land and Wetland Act do not automatically declare land's legal status; evidence must substantiate claims of wetlands within prohibited distances.
The Revenue Divisional Officer must independently assess land status under the Kerala Conservation of Paddy Land and Wetland Act, ensuring compliance with statutory requirements.
Section 5 of Act 2008 reads as constitution of Local level Monitoring Committee.
Construction on lands designated as paddy fields under the Kerala Conservation of Paddy Land and Wetland Act is prohibited unless specific permissions are obtained.
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