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T. N. MUKUNDAN S/O NARAYANAN – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
NITIN JAMDAR, C.J.
1. The Kerala Conservation of Paddy Land and Wetland Act, 2008 (Act of 2008) is an Act to conserve the paddy land and wetland and to restrict the conversion or reclamation thereof in order to promote growth in the agricultural sector and to sustain the ecological system, in the State of Kerala. For the conservation of paddy lands and wetlands in the State of Kerala, the Agricultural Promotion Fund is constituted under Section 27D of the Act of 2008, which fund is utilised for various purposes, including the restoration of paddy fields. The Fund is generated by the State by charging a fee for permission to use the paddy lands for commercial purposes. The non-utilisation of this Agricultural Fund for the conservation of paddy lands and their restoration is the issue raised in these two Public Interest Litigations.
2. These writ petitions are filed in the public interest by the same Petitioner. The Respondents are the State of Kerala, represented by the Chief Secretary; the Secretaries of the Departments of Revenue and Finance; the Agricultural Production Commissioner; the Land Revenue Commissioner; the Accountant General; the District Collector, Thrissur, a
The State must deposit all funds collected under Section 27A(3) into the Agricultural Promotion Fund and utilize them according to the Act's provisions, ensuring accountability and transparency.
The circular fixing a cut-off date for fee exemption was declared unconstitutional. Amounts collected based on unconstitutional levies must be refunded.
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 ....
Section 5 of Act 2008 reads as constitution of Local level Monitoring Committee.
The imposition of a fee for buildings exceeding 3000 square feet under Rule 12(9) is ultra vires the Kerala Conservation of Paddy Land and Wetland Act, 2008, as it exceeds the authority granted by th....
Construction on lands designated as paddy fields under the Kerala Conservation of Paddy Land and Wetland Act is prohibited unless specific permissions are obtained.
The court ruled that statutory procedures must be adhered to when altering land classifications under the Act, emphasizing the necessity of obtaining requisite reports to ensure lawful decision-makin....
Section 13 of Act confers a power upon district Collector to initiate proceedings on being informed of unauthorised reclamation of paddy land.
The term 'other purpose' appearing in Section 27A can only mean any purpose other than the purpose for which the unnotified land is/was being used as on 30.12.2017, with effect from which date Sectio....
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