An applicant must submit a full application for land conversion, as unilateral reduction of land area contradicts statutory procedure and conservation objectives.

ORDER :

1. The writ petition is filed for a direction to the 3^rd respondent to consider Ext.P3 application in Form 7 under Section 27A read with Rule 12(1) of the KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT and Rules, 2008 (‘Act and Rules' for short), to change the nature of the petitioner’s property in the revenue records.

2. The petitioner’s case is that his property is unnotified land. However, the respondents have erroneously classified the property as paddy land in the revenue records. To change the classification of the land, the petitioner has submitted Ext.P3 application.

3. On a perusal of the materials on record, it is emerges that the petitioner is the owner in possession of 28.25 Ares of land covered under Ext.P1 land tax receipt. However, Ext.P3 application pertains only to 25.42 Ares of land.

4. Heard.

5. The learned counsel for the petitioner submits that Ext.P3 application was confined to 25.42 Ares on the advice of the Akshaya Centre, i.e., after setting apart 10% of the total extent of land for water conservancy measures as stipulated under the proviso to sub-section (2) of Section 27A of the Act.

6. On the other hand, the learned Senior Government Pleader objected to the manner in which the application was submitted, contending that the petitioner is obligated to submit a fresh application in respect of the entire extent of land, as per the procedure prescribed under the Rules.

7. In view of the rival submissions, it is apposite to examine Sub-sections (1) and (2) of Section 27A of the Act, which reads as follows:

“(1) If any 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 in such manner as may be prescribed.

(2) Notwithstanding anything contained in any judgement, decree or order of any Court or Tribunal or any other authority, the Revenue Divisional Officer may, after considering the reports of the Village Officer concerned, pass such orders as deemed fit and proper, on such applications, ensuring that there is no disruption to the free flow of water to the neighbouring paddy lands, if any, through such water conservancy measures as is deemed necessary:

Provided that, if the area of such parcel of land where the application is allowed is more than 20.2 ares, ten per cent of such land shall be set apart for water conservancy measures. (Emphasis given)

8. The proviso to sub-section (2) to Section 27A mandates that, in case where the applied land exceeds 20.2 Ares, then ten percent of the applied land must be set apart for water conservancy measures.

9. It is equally necessary to consider the procedural frame work under sub-rules (1) to (12) of Rule 12 of the Rules, which reads as follows:

“12. The procedure for permitting change in nature of unnotified lands as per Sub Section (2) of Section 27A:

(1) In the case of an application for changing the nature of unnotified land having an extent upto 20.23 Are, the application shall be in Form-6 and that in respect of land having an extent above 20.23 Are shall be in Form-7.

(2) Along with the application, sketch of such land, details regarding the plinth area of the building proposed to be constructed on said land shall be enclosed and wherein the extent of proposed land exceeds 20.23 Are, Ten percentage (10%) of the proposed land kept aside as a part of water conservancy measures shall be marked in the sketch in blue colour and the rest of the land shall be marked in red colour clearly in the sketch and a detailed plan regarding the water conservancy measures proposed to be implemented on the said 10 % land shall be included therein.

(3) Along with the said application either a demand draft of Rs.1000/- (Rupees Thousand only) in favour of said fund or proof of deposit of Rs.1000/- (Rupees Thousand only) via electronic transfer to the said fund shall be produced.

(4) Revenue Divisional Officer shall forward the applications received as per Sub Rule (1