JUDGMENT

Dated this the 24th day of August, 2022 The petitioner, a Company registered under the Companies Act, 1956, is before this Court seeking to declare that the petitioner is entitled to construct additional floors over the existing building bearing No.2/275-A of Aroor Grama Panchayat already constructed and occupied by virtue of Ext.P4 Building Permit irrespective of the fact that a part of its property is described as 'Nilam' as per the Revenue records.

2. The petitioner states that the respondent-Grama Panchayat granted Building Permit to the petitioner in the year 2010 for construction of a building. The petitioner wanted to construct additional floors over the building. Therefore, the petitioner submitted Ext.P6 online application for Building Permit for construction of two additional floors over the already existing building. The respondent-Secretary to the Grama Panchayat, however, issued Ext.P9 stating that since the land is categorised as 'Nilam' in Revenue records, a Building Permit cannot be granted without the sanction of the Revenue Divisional Officer. It is aggrieved by Ext.P9 that the petitioner has approached this Court.

3. The respondent-Secretary to the Grama Panchayat filed a counter affidavit. The respondent submitted that Ext.P4 Building Permit was issued for construction of building having total plinth area of 1625.83 Square Metres including 1481.94 Square Metres for first floor and 143.89 Square Metres for stair room, in the property having an extent 80.7 Ares comprised in Survey Nos.420/1-A, 420/7-A-2, 420/7-A-1 and 420/7-B of the Aroor Village. There was an existing building consisting of the ground floor having plinth area of 2284.67 Square Metres and first floor having plinth area of 270.21 Square Metres. The said building which was then in existence was assessed during 2006-2007 with number 3/230B (old) and 2/275A (new). The respondent issued licence for TV channel functioning with 260HP, Motor and TV, studio equipment in building No.III/230B during 2006-2007. The Building Permit sought to be issued by Ext. P6 application is for undertaking construction of the second and third floors having total plinth area of 4045.44 Square Metres over the construction undertaken pursuant to Ext.P4.

4. The property in which the existing building situates and over which new construction is sought to be undertaken is described as 'Nilam' in Revenue records, but the same is not included in the Data Bank. The paddy land covered by Exts.P1 to P3 are unnotified land which attracts Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008. The writ petition is bad for non-joinder of functionaries under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioner is not entitled to any of the reliefs sought for, submitted the respondent-Grama Panchayat. 5. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondent-Grama Panchayat.

6. It is an admitted position that the petitioner has constructed a building over the property in question after obtaining a Building Permit, in the year 2006. The petitioner constructed additional floors in the year 2010 that was also after obtaining a Building Permit. However, now, when the petitioner wants to construct further additional floors, the Secretary to the Grama Panchayat has taken exception on the ground that the land is categorised as paddy land in Revenue records.

7. This Court has considered a similar issue in Soumini and others v. Naduvannur Grama Panchayat [2017 (1) KLT 168] and held as follows: 4. Hence only if the lands are included as “paddy land” or “wetland” in the data bank the same would be covered under that enactment and otherwise it would be covered under the Kerala Land Utilization Order, 1967 [for brevity “KLU Order”]. It is an admitted fact that there is an existing building in the said property and the petitioners intend to construct additional rooms in its first floor. In such