Land classification for building permits must reflect its actual condition and use, overriding outdated revenue designations under relevant environmental laws.

JUDGMENT

The petitioner, who is stated to be in ownership and possession of 6 Ares and 7 Square Links of property in Re.Sy.No.281/9-4 and Re.Sy.No.281/9-1 of Nellanadu Village in Nedumangadu Village, Thiruvananthapuram, is aggrieved by Ext.P6 order of the respondent Panchayath, whereby a building permit, that was granted to him, was subsequently cancelled by the Panchayath, on the ground that the land on which the building was constructed, was classified as 'Nilam' in the revenue records.

2. When the writ petition came up for admission, this Court called for a report from the additional 6th respondent, who is the Convener of the Local Level Monitoring Committee [LLMC], with regard to the lie and nature of the property and specifying whether the property in question was included in the draft/notified data bank. A report has since been filed by the additional 6th respondent, which indicates that, based on the Satellite image of the plot taken on various dates, the property in question was filled and converted in 2003 itself and there is no agricultural activities from 2003. It is suggested that the land belonging to the petitioner cannot be included in the land data bank for the purposes of the Kerala Conservation of Paddy Land and Wetland Act, 2008 [hereinafter referred to as the '2008 Act'].

Taking note of the said report, the writ petition is allowed, (i) by declaring that the property of the petitioner comprising of 6 Ares and 7 Square Links in Re.Sy.No.281/9-4 and Re.Sy.No.281/9-1 of Nellanadu Village in Nedumangadu Village, Thiruvananthapuram , 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 the Gazette, 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 3rd respondent Panchayath 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 3rd 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. To enable the 1st respondent to do so, I quash Ext.P6 order of the 3rd respondent.

(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.