Construction on previously classified paddy land permissible if removed from data bank through legal procedure and serves public purpose.

JUDGMENT

The petitioner is aggrieved by a construction carried out by the Ramanattukara Municipality in the property having an extent of 41.442 Ares comprised in Re-survey Nos.295/2 and 2961A1 of Ramanattukara Village. According to the petitioner, the property where the construction is being carried out by the Municipality is a ‘paddy land’ as defined under Section 2 (xii) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 in which the construction is not permissible. As no proper orders are obtained from the competent authorities to enable them to carry out such construction, this writ petition is preferred by the petitioner seeking the following reliefs:

“i) To declare that the construction of the Municipal building in lands bearing R.S No. 29512 and 296/ AL of Ramanattukara Village in Kozhikode District is totally illegal and made in contravention of the provisions of the Kerala Conversion of Paddy Land and Wetland Act and therefore, liable to be deiclared bad, illegal and forthwith demolished;

ii) To declare that the construction of a building in a paddy and wetland without obtaining permission and adversely affecting the environment, air and atmosphere is violative of Article 21 of the Constitution of India;

iii) To issue a Writ of Mandamus commanding the respondents to immediately stop the construction of the building by the Ramanattukara Municipality in the lands bearing R.S. No. 295/2 and 296lA1 of Ramanattukara Village in Kozhikode District as the safie is not in public lnterest and utterly malafide and will cause financial loss to the public iv) To issue a Writ of Mandamus directing respondents 3 and 4 to immediately demolish the construction of the building so far made, which is an illegal construction, forthwith ;

v) To dispense with the production of English translation of vernacular documents;

vi) To issue such other writs, orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

2. A counter affidavit was submitted by the 3^rd respondent- Municipality opposing the reliefs sought in the writ petition. According to the 3^rd respondent, they are constructing an office building for the Municipality, which is a project undertaken and financed by the Government of Kerala through KIFBI. The said project comes under the “public purpose” as defined under Section 2 (xiv) of the Kerala Conservation of Paddy Land and Wetland Act (hereinafter referred to as ‘Paddy Land Act’). All necessary permits to carry out the construction were obtained by the Municipality and on the strength of the same, the construction is already carried out.

3. An additional counter affidavit was also filed by the 3^rd respondent in which, certain documents were also produced to show that, a decision was taken by the Local Level Monitoring Committee (hereinafter referred to as ‘LLMC’) to remove the property from the data bank as evidenced by Ext.R3(A) and on the basis of the said decision, a notification was published as evidenced by Ext.R3(B) after removing the property from the data bank. Exhibit R3(C) is the document evidencing the sanctioning of sufficient amount, to construct the building in question on the said property, set apart from the Special Investment Scheme for the construction of building/facilities through a special Agency.

4. A reply affidavit was also submitted to the counter affidavit filed by the 3^rd respondent by the petitioner. The 7^th respondent filed a counter affidavit wherein, it is averred that, on the basis of an application submitted by the Municipality before the Sub Collector, Kozhikode for conversion of an extent of 41.422 Ares of land in Re-survey No.295/2, 296/1A1 in Ramanattukara Village for building