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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN, S.MANU
Mukthar Ali, S/o. P.K. Aliyar – Appellant
Versus
State of Kerala, Represented by Secretary, Department of Revenue, Secretariat – Respondent
ORDER :
A. Muhamed Mustaque, A.C.J.
These matters have been placed before us on a reference order for an authoritative pronouncement as to the impact of the order obtained under Kerala Land Utilisation Order qua Section 27A of The Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as ‘Paddy Act’).
2. Section 27A of the Paddy Act was incorporated with effect from 30/12/2017. By the above statutory provision, if the owner of an unnotified land desires to utilise such land for residential or commercial or for other purpose, he shall apply to the Revenue Divisional Officer for permission. The Paddy Act was enacted in the year 2008 and it came into force with effect from 12/08/2008 to conserve paddy land and wetland and also to restrict the conversion and reclamation of such land. It mandates the constitution of the Local Level Monitoring Committee and its performance includes preparation of a data bank with details of cultivable paddy and wetlands. The power is conferred upon the District Collector to restore illegally reclaimed lands. Land, which was considered as a paddy or wetland prior to 12/08/2008 in the Basic Tax Register (BTR) and converted or reclaim
Pending applications under the KLU Order before Section 27A's enactment must be considered under the previous law, ensuring no discrimination in fee levies.
The incorporation of Section 27A of the Paddy Act restricts the Collector's powers under the KLU Order for applications filed after 30/12/2017, while pending applications must be considered under the....
When applications are made before a specific cut-off date but permissions are granted after that date due to administrative delays or processes beyond applicants' control, they should not be subject ....
The court clarified that land tax re-assessment must follow Rule 12(17) of the Kerala Conservation of Paddy Land and Wetland Rules, exempting certain landowners from fees.
Revenue Record - If orders are secured under KLU Order prior to cut off date, 30.12.2017, amended provisions of Act will not apply and additional entries regarding the change of description of land a....
The court clarified that land tax re-assessment must follow Rule 12(17) of the Kerala Conservation of Paddy Land and Wetland Rules, exempting fees for certain landowners from 30/12/2017 onwards.
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 ....
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.
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.
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