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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
Lulu Hyper Market Pvt. ltd., Represented By Its Authorized Signatory Shri Sadik Kassim, S/o. Kassim M A – Appellant
Versus
District Collector, Thrissur District Civil Station, Ayyanthole P.O Thrissur District – Respondent
| Table of Content |
|---|
| 1. ownership and history of land use. (Para 1) |
| 2. challenging decisions based on conflicting land reports. (Para 4 , 5) |
| 3. issues of standing and public interest. (Para 6 , 9) |
| 4. requirement for procedural compliance in land conversion. (Para 10 , 11) |
| 5. remittance of orders and need for further consideration. (Para 12) |
JUDGMENT :
W.P.(C).No.38444 of 2022
2. The case of the petitioner is that the land comprised in Survey Nos.403,405 and 406 were included as converted land in the draft data bank prepared by the Local Level Monitoring Committee (LLMC), Thrissur Municipal Corporation and the lands were converted much before the commencement of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short 'the Act, 2008'). 50 cents of land comprised in Survey No.405 of Ayyanthole Village was permitted to be used for purposes other than paddy cultivation as per Ext P2 order, as per the provisions of Clause 6 of the Kerala Land Utilisation Order. Later on, the data bank was finalised, and the property owned by the petitioner was included as paddy land notified in the final data bank. The Kerala State Remote Sensing and Environment Centre (KSRSEC) report was obtained in
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....
The Revenue Divisional Officer must independently assess land status under the Kerala Conservation of Paddy Land and Wetland Act, ensuring compliance with statutory requirements.
Section 5 of Act 2008 reads as constitution of Local level Monitoring Committee.
Authorities must provide adequate reasoning and consider all relevant reports when making decisions on land conversion applications.
Constitution of Local Level Monitoring Committee – Provisions of sub-section (4) of Section 5 that duty for preparation of data bank and the inclusion of lands in data bank as cultivable paddy land o....
The LLMC's prior decision to remove converted land from the data bank must be respected, and the RDO's rejection of the application was found to be erroneous.
Administrative authorities must process land conversion applications promptly after the removal from the Data Bank, per earlier court decisions, without requiring extraneous inquiries.
An authority must rely on scientific data when making decisions on land applications, especially after prior judicial directives.
The authority must independently assess land suitability when considering exclusion from the data bank under the Kerala Land Utilization Order.
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