The entitlement to fee exemption for land up to 25 cents was upheld, with fee calculations mandated only for excess area under the Act.

JUDGMENT

Dated this the 6th day of February, 2023 This writ petition is filed seeking the following prayers:

“(i) Issue a writ of certiorari or any other appropriate writ calling for the records relating to Exhibit P4 & P5 and quash the same.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to calculate the fees for the purpose of Section 27 of the Kerala Conservation of Paddy Land and Wetland Act by taking the fair value prevailed as on 26.10.2019 in re- survey No.97/2 of Kaarikode Village.

(iii) Declare that the Petitioner is entitled for exemption upto 25 cents and need to pay fees only for the remaining extent of land.”

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the petitioner is the owner in possession of 14.57 Ares of property in Re- Survey No.97/2 of Kaarikode Village in Thodupuzha Taluk. It is submitted that the petitioner had made an application for using the property for other purposes in Form 6 under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act , 2008 (hereinafter referred as ‘the Act’) on 26.10.2019. The Village Officer had submitted Ext.P3 report stating that the property is dryland and had also stated the fair value of the property. Thereafter, on noticing that the property was included in the data bank, the 3rd respondent had directed the petitioner to file an application in Form 5 to correct the data bank. The said application was submitted by the petitioner and an order was passed on 13.01.2021 removing the property from the data bank. Thereafter, the petitioner was required to remit the fees for permission to use the property for other purposes.

4. The learned counsel for the petitioner challenges the demand for fees on two grounds. Firstly, it is contended that the correction effected in the data bank is a correction of a mistake and therefore the correction should be relatable back to the date of preparation of the data bank itself. It is contended that since the petitioner had filed a Form 6 application on 26.10.2019, the fair value of the property is to be reckoned taking note of the fair value as on the said date, that is, on 26.10.2019 and not the revised fair value. It is further contended that the fair value of the property in question is to be considered and not the fair value of the neighboring dryland, since the amendment to the definition of fair value was brought into effect only in the year 2020.

5. The learned Government Pleader, on the other hand, would contend that Section 27A of the Act refers to a request for permission for change of nature of “unnotified land”. It is submitted that the property in question, being a part of the data bank in the year 2019, it becomes unnotified land only on the Form 5 application being allowed, that is, on 13.01.2021 and therefore, the Form 6 application earlier filed by the petitioner was only a defective application which could not have been considered. It is submitted that it is only after the removal of the property from the data bank that a valid Form 6 application could have been filed and that it is only thereafter that the question of the fair value of the fees would arise.

6. The 2nd contention raised by the petitioner is with regard to the demand for fair value in respect of the entire property. The learned counsel for the petitioner submits that the fees can be demanded for the conversion of 14.57 Ares of land only at 10% of the fair value of the property by which it exceeds 25 cents and not for the entire property.

7. Having considered the contentions advanced, I am of the opinion that since Section 27A of the Act specifically refers to permission for use of unnotified land for other purposes and for change of nature of unnotified land, it is only when the property in question is unnotified that an application under would become maintainable. In the instan