The nature of land as paddy or wet land must be determined before processing applications for land conversion under relevant legal frameworks.

JUDGMENT

The petitioner claims to be the owner of 23.58 cents of land lying in survey No.7 in block No.126 of Perumbavoor Village in Kunathunadu Taluk and according to him, the property has been lying without any agricultural operation. An application was filed before the respondent under the Land Utilization Act. The respondent has not taken a decision on the application presumably on the basis of a circular issued by the Government which had referred to a proposal for a bill imposing restrictions on conversion of land. It is in these circumstances, the petitioner has approached this court seeking a direction to the respondent to pass an order on the application ignoring the circular dated 17.11.2007.

2. It is necessary to take note of the fact that the bill which is referred to in the circular has now become an Act, Kerala Conservation of Paddy Lands and Wet Lands Act , Act 28 of 2008. Detailed provisions are contained in the said Act which contemplates prohibition on conversion of paddy land for any other purpose except in the manner provided in the Act. There is similar prohibition in the case of reclamation of wet lands also. Paddy lands and wet lands are also defined in the Act. Essentially the Act contemplates recommendation by the local area committee which is to be constituted in terms of the provisions of the Act. In other words, competent authority will also have taken into account the recommendation of the local area committee and other materials which are considered relevant.

3. After hearing counsel on both sides, I am of the view that the respondent is to pass orders on the application, in accordance with the provisions of Act 28 of 2008. This will require an enquiry whether lands are paddy lands or wet land. If the lands are paddy land or wet land, the respondent shall consider the application in accordance with Act 28 of 2008. If the lands are not paddy lands or wet lands, the respondent shall consider the application under the provisions of the Land Utilization Order. If the competent authority finds that the application is to be considered under the Kerala Land Utilisation Order, then the competent authority is bound to conduct an effective enquiry into the details given by the applicant. The provisions of the Land Utilisation Order, which is a subordinate legislation, under the Essential Commodities Act, is meant to be implemented with seriousness. It should not be dealt with casually. It is not only the status of the land in relation to which permission has been sought for, but also the status of the neighbouring properties that is relevant. Possible detrimental effect of conversion of one property forming part of a larger cluster of lands and the attendant ecological factors are to be taken note of by the competent authority. There cannot be a casual approach to an application under the Land Utilisation Order, either for conversion to non agricultural purposes or for permission to use it for purposes other than paddy cultivation. Orders shall be passed within three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

V.GIRI, Judge mrcs