Compliance with legal procedures for land use change is essential to qualify for building permits under the Kerala Conservation of Paddy Land and Wet Land Act.

JUDGMENT

The case set up in this writ petition (c) is as follows:-

The application of the petitioners for building permit was rejected by the 4th respondent by Exhibit P5 order stating that the proposed land is described as Wetland in the Possession Certificate, hence building permit as sought for cannot be granted. The authority before rejecting an application for building permit is to see the actual lie and nature and the ground realities of the subject land. The property of the petitioners does not fall under S.2 (xviii) of the Paddy Land Act. It was never used as a paddy land and is not at all suitable for paddy cultivation. No agricultural activity had been carried out in the property for the last several decades. It was residential plot even before the date of coming into force of the Paddy land and Wet Land Act, 2008. The provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 are not at all applicable to the property of the petitioners. It is in the light of these averments and contentions, that the petitioners have filed this Writ Petition (c) seeking the following prayers:

a) Call for the records relating to Exhibit P5 and quash the same by issuing writ of certiorari or other appropriate writ, order or direction b) Declare that petitioner is entitled to get building permit in the

4.05 Ares of property situated in Sy.No.12/52-1 of Ollur Village for construction of residential building and issue a writ of mandamus or any other appropriate writ, direction or order directing the 4th respondent to reconsider the application for building permit and plan submitted by him afresh

2. Heard Sri. Nidhi Balachandran, learned counsel appearing for the petitioners, and Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

3. Learned counsel for the petitioners has made submissions in tune with the pleadings in the W.P.(C). Petitioner would contend that the subject property having an extent of 4.05 Ares in Sy.No.12/52-1 Ollur Village, was converted as garden land or purayidam long prior to 12.08.2008 (date of coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 ). Further that all the nearby properties have also been converted and now been used as residential properties and residential and other buildings have also been constructed in such properties. Petitioner would urge that now the request of the petitioners for grant of building permit has been rejected as per the impugned Ext.P5 order on the ground that, the proposed land is shown as wetland in the possession certificate etc.

4. It appears that the subject property has been shown as paddyland/nilam in the sale deed as well as in the BTR. In the possession certificate it is described as wetland as per Ext.P4. It appears that the property has also been included in the draft data bank prepared as per the provisions of the 2008 Act.

5. Going by the pleadings in W.P.(C) it appears that, petitioners have not filed requisite application under Rule 6(2) of the Kerala Land Utilisation Order, 1967 before the cut off date of 30.12.2017 (date of coming into force of the amended provisions of the 2008 Act which has introduced Section 27A thereof). Therefore going by the present settled legal position, the property holder who has not filed requisite Rule 6(2) KLU application before the said cut off date of 30.12.2017, can only seek the benefit of the amended provisions of the 2008 Act including Section 27A thereof and the amended rules framed thereunder. Therefore in such cases, where the property has been shown as nilam/paddy land in the BTR and is also included in the land data bank, then the party will have to move the requisite application before the RDO for exclusion of the subject property from the land data bank. After securing such orders, the party will have to move the RDO by filing requisite application under Section 27A (1) of the Act, seeking for necessary permission for change of use of land and if