Land classification must align with actual usage; evidence of land use influences rights to obtain permits.

J U D G M E N T

The petitioner, who is stated to be in ownership and possession of 24 cents (9.44 Ares) of land in Re.Sy.No.350/4 and 350/5 of Enadhimangalam Village, Adoor Taluk, had approached this Court aggrieved by the inaction on the part of the respondent Panchayat to accept an application for building permit submitted by her, on the ground that, the property on which the building was proposed to be constructed was classified as ‘Nilam’ in the revenue records.

2. When the matter came up for admission, this Court had called for a report from from the Local Level Monitoring Committee (LLMC as regards nature and lie of the land. Two reports have been filed by the LLMC. While the 1st report indicates that the land in question appears to be wetland although earlier rubber trees were planted on the ridges, and there were also arecanut palms of approximately 8 years in the property, it was pointed out that, there was no paddy cultivation in the surrounding property. Since no satellite images and report from the Kerala State Remote Sensing and Environment Center (KSREC) were obtained while furnishing the 1st report, this Court called for an additional report based on the satellite image studies.

3. A subsequent report has been filed by the LLMC on

01.02.2017, wherein, after going through the report of the KSREC, it is stated that the land in question was under dense plantation as per the satellite data record of 2010, 2012, 2013, and 2016. It is also stated that the surrounding plots are not under paddy cultivation.

Taking note of the report of the LLMC based on the satellite image studies done by the KSREC, I am of the view that, the lands belonging to the petitioner cannot be seen as either paddy land or wetland for the purposes of inclusion in the land data bank prepared for the region. The writ petition is therefore allowed, (i) by declaring that the property of the petitioner situated in 24 cents (9.44 Ares) of land in Re.Sy.No.350/4 and 350/5 of Enadhimangalam Village, Adoor Taluk, is not either paddy land or wetland, for the purposes of inclusion in the Land Data Bank prepared in accordance with the 2008 Act.

(ii) The LLMC is directed to exclude the said land of the petitioner from the Land Data Bank. If the data bank is at the draft stage, the land shall be excluded before finalising the data bank, and notifying the same. If, on the other hand, the data bank has already been finalised, and notified through publication in Gazette, then the LLMC shall issue a corrigendum notification showing the exclusion of the land from the data bank, and publish the said corrigendum notification in the Gazette. In the meanwhile, the LLMC shall, after excluding the land from the data bank, issue a certificate to the petitioner within a week from the date of receipt of a copy of this judgment, certifying that the land in question has been excluded from the data bank. The petitioner can utilise the said certificate for approaching the authorities under the Kerala Land Utilisation Order [hereinafter referred to as the 'KLU Order'] for getting permission to utilise the land for other purposes.

(iii) The 5th respondent Panchayat shall, on the petitioner producing the certificate issued by the LLMC, as also the order passed by the authorities under the KLU Order, consider the application submitted by the petitioner for building permit, afresh, in the light of the said certificate and order, and de hors the description of the property in the Basic Tax Register. The 5th respondent shall pass fresh orders, as directed, within a period of three weeks on the petitioner producing the order of the authorities under the KLU Order.

(iv) The petitioner shall, on receipt of the certificate from the LLMC, and the order permitting conversion under the KLU Order, produce copies of the same before the Land Tax Authorities, for causing a fresh assessment and consequential change in classification of the land in the Basic Tax Register.