The court established that non-inclusion of land in the final data bank significantly affects decisions on land utilization permits under the Kerala Conservation of Paddy Land and Wetland Act.

JUDGMENT

Dated this the 06th day of December, 2023 Petitioner has approached this Court seeking to quash Exts.P9, P19, P27, P29 and P30.

2. Petitioner is the owner in possession of an extent of 7.70 Ares (19 cents) of immovable property comprised in survey number 3/7-19 of Veliyanadu Village, Kuttanadu Taluk, Alappuzha District. Even though the total extent of the property as per the document was 9.71 Ares, the actual extent in possession of the petitioner is 7.70 Ares since four cents of property was surrendered free of cost for the construction of Kidangara – Veliyanadu PWD road and a small canal is also situated in between the said road and the property of the petitioner. Petitioner submits that the property has been irreversibly converted much prior to the coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008 . Coconut trees and other trees, aged 20 years, are existing in the property. Buildings and sheds are also existing in the property much before 2008 and the land is surrounded by buildings and PWD road.

Petitioner approached the Secretary of the 11th respondent Grama Panchayat for building permit to construct a residential house in the said property, but they insisted for permission from the fifth respondent, despite the fact that the draft data bank has not been prepared in the locality. On a misconception of facts and law, as directed by the then officials of the Grama Panchayat, the petitioner obtained necessary permission from the fifth respondent being the Chairman of the District Level Authorised Committee under Section 9 of the Act for conversion of land to the extent of 10 cents out of the total extent of the property as per Ext.P2 order dated 22.09.2011. It is contended that no such permission was necessary since the property was not included in the data bank either draft or notified. Thereafter building permit was granted on 22.04.2014 and the construction was completed. The seventh respondent as well as the convener of the eighth respondent has issued certificate stating that the property is not included in the data bank as evident from Exts.P3 and P4. Since the property was still lying as 'nilam' in the revenue records, the petitioner preferred Ext.P5 application under Clause 6(2) of the Kerala Land Utilisation Order before the fifth respondent. Pursuant to the direction issued by this Court, as per Ext.P6 judgment dated 08.11.2017 in WP(C)No.23030 of 2017, Ext.P5 application was considered. Consequent to the amendment carried out to the Kerala Conservation of Paddy land and Wetland Rules, as an abundant caution, the petitioner submitted Ext.P7 application before the eighth respondent for deleting the entry of the property as 'nilam' from the draft data bank. Ext.P5 application under Clause 6(2) of the KLU order was rejected as per Ext.P9 for the reason that the property has been included in the data bank, against which Ext.P10 appeal was preferred before the fourth respondent. The appeal preferred was disposed of as per Ext.P19 order dated 13.10.2020, against which Ext.P20 revision was filed. While so the final data bank was published as Ext.P22 whereby the property of the petitioner was not included in the notified data bank and that was certified by the Agricultural Officer as per Ext.P23. Since the property has been removed from the data bank, petitioner preferred Ext.P24 application in Form 6. Pursuant to the direction issued by this Court as per Ext.P26 judgment dated 27.10.2022, the application was considered and rejected as per Ext.P27 order dated 12.12.2022 taking a stand that the property ought to have been included in the data bank on the basis of the report of the Village Officer. Ext.P27 order was challenged in appeal before the fourth respondent. The said appeal was dismissed by Ext.P29 order dated 02.03.2023 stating that the revision filed by the petitioner is pending before the first respondent. After the issuance of Ext.P29 order, the first respondent issued Ext.P3