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2014 Supreme(Online)(KER) 43074
HIGH COURT OF KERALA
A. Muhamed Mustaque, J
DR P S GEORGE – Appellant
Versus
TAHSILDAR, CHANGANACHERRY TALUK – Respondent
WRIT PETITION (CIVIL) 21964/2014
The classification of land under existing regulations must consider historical land use and reclamation, allowing for rectification of official records.
Headnote:
Property - Ownership and Land Utilization - Act 28 of 2008 Section 6 - The court examined the classification of property as nilam under the Kerala Land Utilization Order, directing a review by the Local Level Monitoring Committee based on past classifications.
Fact of the Case:
The petitioner claims ownership of a specified area of land and seeks correction in the Basic Tax Register, asserting that the land, now classified as nilam, was reclaimed prior to the enactment of Act 28 of 2008.
Finding of the Court:
The court found that the Local Level Monitoring Committee is the appropriate authority to reconsider the nilam classification of the property, in light of earlier decisions and necessary legal provisions related to land utilization.
Issues: Whether the property can be considered nilam under Act 28 of 2008 given the petitioner's claims of prior reclamation.
Ratio Decidendi: The court held that the Local Level Monitoring Committee must determine the status of the land as of the date of the Act's enactment and rectify records accordingly.
Final Decision: Writ Petition is disposed of with directions for review by the Local Level Monitoring Committee.
JUDGMENT
Petitioner claims to be the owner in possession of 4.79-73 hectares of property in Re-survey Nos.7/1/2/2, 8/3, 15/1-3, 15/1/1/1 and 15/1/2/1, 20/2, 10/2, 9/3 and 10/1/1 of Vazhapally East Village. Petitioner has approached this Court seeking for a direction to the respondent to consider the application for correcting details in the Basic Tax Register.
2. Learned Government Pleader on instruction submits that this property is included as nilam in the draft data bank.
3. Petitioner has a case that this property has been reclaimed long before the Act 28 of 2008 and it appears, the property is a dry land.
4. Petitioner submits that the property was reclaimed long before the Act 28 of 2008. The remedy available to the petitioner is to approach the Local Level Monitoring Committee to correct the details of properties situated in Re-survey Nos.7/1/2/2, 8/3, 15/1-3, 15/1/1/1 and 15/1/2/1, 20/2, 10/2, 9/3 and 10/1/1 of Vazhapally East Village. Local Level Monitoring Committee shall consider the application in the light of the decision in C astlerock Projects and q Developers Pvt. Ltd. and Another v. Revenue Divisional Officer [ 2013 (3) KLT 545 ] and find out whether as on the date of enactment of Act 28 of 2008, this property can be treated as nilam. If it is found that this property cannot be treated as nilam, the Local Level Monitoring Committee shall correct the details in the draft data bank. Once the entry is corrected, it is open for the petitioner to approach the District Collector concerned under clause (6) of the Kerala Land Utilization Order for utilising the land for other purposes. Needful shall be done by the Local Level Monitoring Committee within a period of six weeks from the date of receipt of a copy of the application after affording an opportunity of being heard to the petitioner.
Writ Petition is disposed of as above.
