Confiscation of vehicles under land conservation laws demands clear evidence of land conversion and prior compliance with procedural considerations.

The above original petition is filed challenging Ext.P4 judgment dated 24.08.2023 in C.M.A.No.22 of 2023 on the file of the District Court, Thalassery.

2.It is contended that the petitioner is the registered owner of tipper lorry bearing registration no.KL-58-AA-2302. On 15.03.2023 the Village Officer, Peringalam had seized the said vehicle alleging violation of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (in short, “Act 2008”) for unloading waste in the property comprised in re-survey no.61/1A1 of Peringalam Amsom, which is allegedly included in the data bank. Based on the report of the Village Officer the respondent passed Ext.P1 order stating that the petitioner is liable to pay Rs.6,75,000/- being the one and a half value of the vehicle as fine and on failure to pay the same, to confiscate the vehicle. The contention of the petitioner is that his driver was engaged by one Musthafa to unload the waste accumulated on account of the renovation of his house to the property in question. Accordingly after loading the waste the driver has taken the vehicle to the proposed location and he had parked the vehicle in order to ascertain whether it is the right place to dump the waste. Since the driver found that some waste was dumped in the property and also a high-tension electric line was seen passing through the said property and there was no agricultural operation, the vehicle was parked near the abovesaid place, thereupon the Village Officer came and seized the vehicle and removed it to the Taluk Office. It is aggrieved by Ext.P1 order that the petitioner has filed C.M.A.No.22 of 2023 before the District Court, Thalassery which was disposed of as per Ext.P4 confirming Ext.P1 order, but with a modification that instead of fine, the petitioner is directed to deposit Rs.6,75.000/- being the one and a half of the value of the vehicle.

3.In Ext.P4 the court after going through the provisions of the Act 2008 found that the impugned order is perfectly valid and held that it is only to be confirmed. The petitioner would submit that the contention raised before the District Collector and before the District Court that before entering a finding that there is violation of the provisions of Act 2008, it has to be first seen whether the property is included in the data bank and whether the property is still remaining as paddy land or wet land at the time of alleged violation/conversion has not been considered. Petitioner relying on the judgment in District Collector, Kozhikode and others v. Surendran , MANU/KE/3613/2022 contended that the District Collector while adjudicating the issue has to consider whether the property is already converted. When the petitioner raises a contention that the property was converted prior to the introduction of Act 2008, then the District Collector ought to have considered the said aspect in order to arrive at a conclusion as to whether there is any violation of the provisions of the Act 2008. In support of the contention that there is no paddy cultivation in the said land, petitioner relies on Exts.P8 and P9 which is the information sought under the Right to Information Act and its reply, which clearly revealed that there are no documents with the Agriculture Officer necessary to show that paddy cultivation was undertaken in the said property. Petitioner also relying on the judgment in Firoz V., S/o.Mohammed v. The Village Officer, Chelambra , 2022 (4) KLT OnLine 1240 would contend that on a conjoint reading of Sections 12 ,19 and 20 of the Act 2008 it is clear that the seizure and confiscation of the vehicle can be made only if the vehicle is used for conversion of paddy land and wetland and proceedings can be initiated leading to confiscation only if a cultivable paddy land was converted using vehicle, sand, mud, gravel, etc.

4.The learned Government Pleader would submit that the confiscation of the vehicle is in accordance with law.

Taking into consideration the fac