The court held that no conversion fee is applicable for properties less than 25 cents under the relevant rules, upholding previous judgments that prohibit such fees for existing buildings.

JUDGMENT

The writ petition is filed, inter alia, to quash Ext. P6 order and direct the second respondent to allow the petitioner’s Form 6 application under Section 27A read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008 ('Act and Rules' in short).

2. The petitioner is the owner in possession of

6.38 Ares of land comprised in Re-Survey Nos. 84/10 and 89/1 of Kottooli Village, Kozhikode Taluk, covered by Ext. P1 land tax receipt. The petitioner has constructed a building in the said property as per Ext. P3 building permit and has received Ext. P4 occupancy certificate. After that, the petitioner had submitted a Form 6 application before the first respondent to change the nature of his property in the revenue records. But, by Ext. P6 order, the first respondent has directed the petitioner to remit Rs. 25,73,900/- towards the conversion fee as provided under the Schedule 2 to Rule 12(9) of the Rules. Since the petitioner’s property is less than 25 cents, he is not liable to pay any amount as a fee. Hence, the petitioner has submitted Ext. P7 representation before the first respondent on

07.08.2023 seeking exemption of the conversion fee.

3. In the statement filed by the first respondent, he has stated that,as per the interim order passed by this Court on 08.11.2024, the petitioner’s application was verified, and it was found that, as on 30.12.2017, the petitioner’s property has an extent of less than 25 cents. There is an existing building, which has a plinth area of 18647.29 sq. ft. Consequently, a revised fee notice was issued to the petitioner on 12.12.2024 to remit Rs. 15,64,729/- in respect of the existing building. But, by the judgment in WP(C) No. 2785/2021, this Court had struck down Note. 1 in the Schedule to Rule 12(9) of the Rules as ultra vires of the Constitution of India. Therefore, the petitioner is not liable to pay any fee. But a final order is to be passed by the Government.

4. Heard; the learned counsel for the petitioner and the learned Senior Government Pleader.

5. It is not in dispute that, the petitioner’s property has an extent of only 6.38 Ares.

6. Rule 12 of the Rules lays down the procedure to change the nature of an unnotified land.

7. It is apposite to refer to sub-rules (1) to (3)

of Rule 12, which reads as follows:

“ (1) In the case of an application for changing the nature of unnotified land having an extent upto 20.23 Ares, the application shall be in Form-6 and that in respect of land having an extent above

20.23 Are shall be in Form-7.

(2) Along with the application, sketch of such land, details regarding the plinth area of the building proposed to be constructed on said land shall be enclosed and wherein the extent of proposed land exceeds 20.23 Are, Ten percentage (10%) of the proposed land kept aside as a part of water conservancy measures shall be marked in the sketch in blue colour and the rest of the land shall be marked in red colour clearly in the sketch and a detailed plan regarding the water conservancy measures proposed to be implemented on the said 10 % land shall be included therein.

(3) Along with the said application either a demand draft of Rs.1000/- (Rupees Thousand only) in favour of said fund or proof of deposit of Rs.1000/- (Rupees Thousand only) via electronic transfer to the said fund shall be produced.”

8. As per the above extracted Rules, it is only when the extent of the land exceeds 20.23 Ares of land, that the landowner is obliged to submit a Form 7 application and pay the conversion fee as per the Schedule framed under Rule 12(9) of the Rules. 9. In the case at hand, the petitioner’s property has an extent of 6.38 Ares of land. Therefore, he is not bound to pay any conversion fee. Moreover, in Shiji