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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
C. Rasheed S/o Chellappan – Appellant
Versus
The Revenue Divisional Officer/Sub Collector – Respondent
JUDGMENT :
The petitioner is the owner in possession of property having an extent of 02.55 Ares (6.30 cents) of land comprised in Re.Sy.No.323/6-4-3-2 in Block No.36 of Aluva East Village in Aluva Taluk in Ernakulam District. The grievance of the petitioner is that, despite the fact that the property of the petitioner stood reclaimed even prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008, , the same was included in the Data Bank as Paddy land. In such circumstances, the petitioner submitted Ext.P3 application in Form-5, which was rejected as per the Ext.P6 order passed by the 2nd respondent. This writ petition is submitted by the petitioner challenging the same.
2. A counter affidavit has been filed by the 3rd respondent in response to the averments in the writ petition. It is averred in the said affidavit that, after perusing the report of Local Level Monitoring Committee, which is prepared after obtaining the satellite images and report from the KSRSEC, it was observed that, the property is remaining as fallow land, and therefore, it was assumed that the land was not converted before 2008. Thus, a recommendation was made to the Revenue Divisional
The Agricultural Officer's independent report is essential for paddy land classification, and land being fallow does not qualify it as paddy land under the Act.
Point of Law : Only for reason that property is lying as fallow, the same cannot be termed as paddy land or wetland under the Act, 2008.
The court held that erroneous entries in the Data Bank regarding land classification must be corrected, emphasizing the need for proper review of applications under the Kerala Conservation of Paddy L....
Incorrect categorization of fallow land as paddy land under relevant state law.
Authorized officer must comply with statutory requirements when assessing land use classification under the Kerala Conservation of Paddy Land and Wetland Act.
The Data Bank under the Kerala Conservation of Paddy Land and Wetland Act must only include properties defined as 'paddy land' or 'wetland'; erroneous classifications must be corrected.
The court emphasized the need for independent assessment of the status of the land and consideration of its impact on paddy cultivation and wetlands when deciding on the exclusion of land from the Da....
The rejection of an application for land classification cannot be based solely on the presence of a water canal without evidence of adverse effects on neighboring lands.
The authorized officer must consider suitability for paddy cultivation and binding legal precedents when determining land classification, ensuring compliance with judicial directives during inspectio....
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