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MOHAMMED NIAS C. P.
ABAD BUILDERS PRIVATE LIMITED – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
1. Petitioners seek, among others, a declaration that Note 1 to Rule 12(9) of the Kerala Conservation of Paddy Land and Wetland Rules (the Rules) framed under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act) is ultra vires the provisions of the Act to the extent it provides for levying a fee for the area of buildings exceeding 3000 square feet proposed in lands falling under the Act.
2. The learned Senior Counsel Sri. B.G. Harindranath instructed by Sri. Amith Krishnan, Sri. P.K. Soyuz, Sri. K.C. Vincent, Sri. Jacob Sebastian, Sri. P. Sathisan and Sri. Shanavas Khan, on behalf of the petitioners, made the following submissions:
The imposition of a fee for building construction exceeding 3000 sq. ft. under the Kerala Conservation of Paddy Land and Wetland Rules is ultra vires the Act, violating constitutional provisions and ....
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....
The court ruled that the exemption from reclamation fees applies only to land up to 25 cents, and any excess land is subject to the full fee, emphasizing strict interpretation of notifications.
The Court ruled that the fee requirement under Rule 12(9) is potentially ultra vires, aligning with precedence in ABAD Builders.
Court affirms that applicants should not be compelled to pay fees under specific conservation rules pending appeal outcomes.
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 ....
The validity of procedural mandates under regulatory frameworks is paramount in adjudicating fee requirements for construction.
The court ruled that fee demands for construction under contested regulations can be set aside pending appeal outcomes.
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