A petitioner must adhere to specific statutory provisions for land conversion, and cannot bypass these requirements through alternative applications.

JUDGMENT

The petitioner, who is stated to be the owner of 4.00 cents (1.62 Ares) of land in Sy. No. 677/2 (Re.Sy.No.232/10- 2) in Block No. 36 at Edathala Grama Panchayat, covered by Ext.P1 sale deed bearing No. 6288/2006, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus directing the 3rd respondent to pass orders of conversion of the property in the data bank from 'nilam' to 'dry land'. The petitioner has also sought for a writ of mandamus commanding the 3rd respondent to take appropriate action on Ext.P5 and to issue building permit to the petitioner.

2. On 18.03.2019, when this writ petition came up for admission, after arguing for some time, the learned counsel for the petitioner sought adjournment.

3. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.

4. Kerala Conservation of Paddy Land and Wetland Act, 2008 was enacted to conserve the paddy land and wet land and to restrict the conversion or reclamation thereof, in order to promote growth in the agricultural sector and to sustain the ecological system, in the State of Kerala. Clause (iii) of Section 2 of the Act define the term 'conversion' to mean the situation whereby, land that has been under paddy farming and its allied constructions like drainage channels, ponds, canals, bunds and ridges are put to use for any other purpose. Clause (xii) of defines the term 'paddy land' to mean all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like bunds, drainage channels, ponds and canals; Clause (xviii) of defines the term 'wetland' to mean land lying between terrestrial and aquatic systems, where the water table is usually at or near the surface or which is covered by shallow water or characterised by the presence of sluggishly moving or standing water, saturating the soil with water and includes backwaters, estuary, fens, lagoon, mangroves, marshes, salt marsh and swamp forests but does not include paddy lands and rivers;

5. Section 3 of the Act deals with prohibition of conversion or reclamation of paddy land. As per sub-section (1), on and from the date of commencement of this Act, the owner, occupier or the person in custody of any paddy land shall not undertake any activity for the conversion or reclamation of such paddy land except in accordance with the provisions of this Act. As per sub-section (2), nothing contained in sub-section (1) shall apply to the cultivation of any intermediary crops that are cultivated without changing the ecological nature of that paddy land or the strengthening of the outer bunds for protecting the cultivation.

6. Section 27A of the Act, inserted by Act 29 of 2018 with effect from 30.12.2017, deals with change of nature of unnotified land. The said provision reads thus;

“27A. Change of nature of unnotified land.-(1) If any owner of an unnotified land desires to utilise such land for residential or commercial or for other purpose, he shall apply to the Revenue Divisional Officer for permission in such manner as may be prescribed.

(2) Notwithstanding anything contained in any judgment, decree or order of any Court or Tribunal or any other authority, the Revenue Divisional Officer may, after considering the reports of the Village Officer concerned, pass such orders as deemed fit and proper on such applications, ensuring that there is no disruption to the free flow of water to the neighbouring paddy lands, if any, through such water conservancy measures as is deemed necessary:

Provided that, if the area of such parcel of land where the application is allowed is more than 20.2 Ares, ten per cent of such land shall be set apart for water conservancy measures.

(3) If the application is allowed, the applicant shall be liable to pay a fee at such rate as may prescribed:

Provided that, no s