Back
2020 Supreme(Online)(KER) 43317
HIGH COURT OF KERALA
A. Muhamed Mustaque, J
JOSE ANTONY – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C)/25629/2020
SRI.K.PRAVEEN KUMAR SMT.M.S.SHAMLA, ADV. SMT.G RANJITA G P
Prior applications under land utilization do not incur liabilities under provisions enacted post-application date.
Headnote:
Land - Property Utilization - Kerala Conservation of Paddy Land and Wetland Act - Section 27A - The provision applied prospectively post-30.12.2017, and prior applications cannot be subjected to it.
Fact of the Case:
The petitioner sought permission to utilize his land under the Kerala Land Utilisation Order before the enactment of Section 27A of Act 28 of 2008. The Revenue Divisional Officer granted permission but required payment under Section 27A.
Finding of the Court:
The court found that Section 27A was effective only from 30.12.2017, and since the application predates this date, the petitioner could not be compelled to pay under this section.
Issues: Whether the petitioner is liable to pay under Section 27A of Act 28 of 2008 for a pre-existing application.
Ratio Decidendi: Section 27A's prospective application means that prior applications submitted before its enactment are exempt from its provisions.
Final Decision: The court set aside the payment requirement under Section 27A and allowed the petitioner to utilize the land as permitted.
JUDGMENT
Dated this the 18th day of December 2020 The petitioner approached the Revenue Divisional Officer, Kottayam for utilising the land that belongs to him comprised in Re- survey No.39 having an extent of 18.85 Are, Re-survey No.40 having an extent of 03.30 Are, Re-survey No.26 having an extent of 01.25 Are, Re-survey No.27 having an extent of 02.15 Are for other purposes under Clause 6 of the Kerala Land Utilisation Order, 1967. An order was passed by the Revenue Divisional Officer on 07.02.2018 permitting the petitioner to utilise the land for other purposes on condition that the petitioner will have to make payment in terms of Section 27 A of Act 28 of 2008. The short question is whether the petitioner is liable to pay under 27 A of Act 28 of 2008 or not.
2. Section 27 A of Act 28 of 2008 was incorporated to the Kerala Conservation of Paddy Land and Wetland Act , 2008 only with effect from 30.12.2017. Application submitted by the petitioner under KLUO was prior to 30.12.2017. As evident from Ext.P1 letter of the Revenue Divisional Officer dated 27.12.2017 as well as reference in Village officer's report in regard to communication issued by the Revenue Divisional Officer on 27.12.2017, it is discernible that the application has been submitted under KLUO prior to 30.12.2017. Though the petitioner is unable to produce the copy of the application, it can very well be seen that such application was filed prior to
30.12.2017.
3. If any application has been submitted prior to 30.12.2017 under Clause 6 of the KLUO, such application has to be considered in accordance with the KLUO and such applicant cannot be insisted to pay fee applicable under Section 27A of Act 28 of 2008. of Act 28 of 2008 came into existence only with effect from
30.12.2017 and therefore, it has only a prospective application.
In the light of the above, the stipulation in the impugned order directing the petitioner to comply with Section 27A of Act 28 of 2008 is set aside. The petitioner is free to enjoy the land as per the permission granted without rigor of of Act 28 of 2008.
The Tahsildar is also directed to re-assess the land under the Kerala Land Tax Act, 1961 without insisting payment under Section 27A of Act 28 of 2008. Needful shall be done within a period of two months.
The writ petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE
APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER NO.B-5123/17 DATED
27.12.2017.
EXHIBIT P2 TRUE COPY OF THE REPORT NO.14/18 DATED
6.1.2018 SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE LETTER NO.7/12-13 DATED
15.1.2018 SUBMITTED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE PROCEEDING NO.B-5123/17 DATED 7.2.2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO.34226/2019 DATED 27.1.2020.
EXHIBIT P6 TRUE COPY OF THE LETTER NO.450/2020 DATED
2.3.2020 SENT BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC 8131 OF
2020 DATED 16.3.2020.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.175/2020 DATED
27.8.2020 SENT BY 2ND RESPONDENT TO THE 3RD RESPONDENT.
