Lands developed for residential purposes under governmental schemes do not require permission under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act.

J U D G M E N T

Petitioner holds an item of land measuring 4.36 Ares in survey No.688/11 of Elamkulam Village in Ernakulam District. He purchased the said land with two residential buildings therein in the year 2011, in terms of Ext.P1 assignment deed. The land covered by Ext.P1 assignment deed is one allotted to the vendor of the petitioner by the Ernakulam Co-operative House Construction Society Limited. It is stated by the petitioner that the said land is part of 17.86 acres acquired by the Government for providing housing facilities in Ernakulam Town and assigned to the Ernakulam Co-operative House Construction Society Limited on 25.01.1965 as per Ext.P2 order for the said purpose. It is also stated by the petitioner that the said land which is shown in the revenue records as 'Nilam' was developed by the said society pursuant to Ext.P2 order and allotted to its members including the vendor of the petitioner and the allottees have constructed buildings in the said land after obtaining building permits from the Corporation of Kochi. As the buildings constructed by the vendor of the petitioner were not suitable for the use of the petitioner, it is stated that the petitioner demolished the same and applied to the Corporation for a building permit to put up a new building in the said land. It is alleged by the petitioner that the Corporation then insisted that the petitioner has to obtain permission of the competent authority under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act) for putting up new constructions in the land as the land is shown in the revenue records as 'Nilam'. The petitioner, thereupon, preferred Ext.P5 application for permission under of the Act. It is stated that the application was preferred in Form 9 of the Kerala Conservation of Paddy Land and Wetland Rules since the land was converted as a house plot prior to the Kerala Land Utilization Order, 1967. Ext.P5 has now been rejected by the third respondent as per Ext.P8 order holding that the petitioner has not made available any evidence to show that the land covered by Ext.P1 assignment deed is one converted prior to the Kerala Land Utilization Order, 1967. Ext.P8 order is under challenge in the writ petition. The petitioner also seeks directions to respondents 3 to 5 to change the classification of the land as dry land in the revenue records.

2. Heard the learned counsel for the petitioner as also the learned Government Pleader.

3. The fact that the land purchased by the petitioner as per Ext.P1 assignment deed is one acquired by the State Government for the purpose of providing house plots to the people residing in Ernakulam Town in terms of the Land Acquisition Development Scheme is admitted in Ext.P8 order.

Similarly, the fact that 17.86 Acres of land out of the land acquired by the Government under the Scheme has been allotted to the Ernakulam Co- operative House Construction Society Limited is also admitted in Ext.P8. The fact that the vendor of the petitioner is an allottee of the plot from the said Society is not disputed by any one. Similarly, it is admitted that the vendor of the petitioner has constructed two buildings in the land after obtaining building permits from the Corporation and those buildings were in existence when the petitioner purchased the land as per Ext.P1 assignment deed. As stated, the petitioner has demolished those buildings and he proposes to put up a new building in its place. It is conceded that the Corporation is insisting permission under Section 27A of the Act, as the land of the petitioner would fall within the scope of 'un-notified land' under the Act. The basic question is whether the petitioner requires to obtain permission under of the Act for the purpose of constructing a new building in the property since the land is shown in the revenue records as 'Nilam'. If the petitioner is not required to obtain permission under of the Act for the said purpose, it is unnecessary to exa