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2017 Supreme(Online)(KER) 21806
HIGH COURT OF KERALA
K VINOD CHANDRAN, J
ALAVIKUTTY – Appellant
Versus
OTHUKKUNGAL GRAMA PANCHAYAT – Respondent
WRIT PETITION (CIVIL) 20962/2017
Statutory obligations require thorough evaluations before decision-making on land use applications under relevant conservation laws.
Headnote:
Land - Property Rights - Kerala Conservation of Paddy Land and Wet Land Act - Section 28 - The court emphasized the importance of obtaining comprehensive reports from relevant authorities before processing applications related to land classification under the Act, ensuring lawful consideration of land utilization.
Fact of the Case:
The petitioner owns land classified as 'nanja' under the Kerala Conservation of Paddy Land and Wet Land Act, 2008. They have applied for consideration of land utilization and are awaiting necessary reports and inspections.
Finding of the Court:
The court directed that before considering the petitioner's application, appropriate reports from the Local Level Monitoring Committee and the Kerala State Remote Sensing and Environment Center are essential to ascertain the land's current status.
Issues: Whether the Revenue Divisional Officer should consider the petitioner's application without prior comprehensive assessments of the land's condition and its classification.
Ratio Decidendi: The court established that the Revenue Divisional Officer must rely on detailed reports from relevant authorities to ensure correct handling of land use applications, adhering to statutory requirements.
Final Decision: The writ petition is disposed of with directions for further action by the concerned authorities.
J U D G M E N T
The petitioner is aggrieved with the fact that the land, owned by the petitioner, having a total extent of 9.48 Cents, comprised in Re-Survey No.258/1 of Othukkungal Village, is shown as 'nanja' in the village records and basic tax register. The said property of the petitioner is included in the draft data bank prepared under Section 28 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 . The petitioner's property is lying as a garden land and there are jack fruit trees aged more than 30 years, coconut trees and aracanut trees in the said property and buildings on either side of the property, is the contention raised. The petitioner filed Ext.P4 application, before the 1st respondent, which is pending consideration. The prayer of the petitioner is to direct the Revenue Divisional Officer (RDO) the 1st respondent herein, to consider and dispose of Ext.P4, an W.P.(C) No. 20962/2017 application filed under Clause (6) of the Kerala Land Utilization Order, 1967, (for brevity “KLU Order”), within a reasonable time.
2. Since the land is included in the draft data bank and the description is shown as 'nanja' in the Basic Tax Register (B.T.R), it is only proper that a report is received from the Local Level Monitoring Committee (LLMC) and Kerala State Remote Sensing and Environment Center (KSREC) before consideration of Ext.P4 application by the 1st respondent, if the same is filed in original and pending before the authority.
3. The petitioner shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the LLMC, along with the copy of the Field Measurement Book and Survey and Sub-division numbers with respect to the property obtained from the concerned Village Officer. The Agricultural Officer shall then seek a report of the lie and nature of the property as it remained on the date of coming into force of the Kerala Conservation of Paddy Land and W.P.(C) No. 20962/2017 Wet Land Act, 2008, from the Director, Kerala State Remote Sensing and Environment Center (KSREC), Vikas Bhavan, C-Block, Thiruvananthapuram, Kerala 695 033. On the direction of the Agricultural Officer so to do, the petitioner shall remit the required fees in the name of the petitioner, C/o. the concerned Agricultural Officer (showing the full address) before the KSREC for obtaining such report and produce such receipt before the Agricultural Officer. The Agricultural Officer shall then obtain the report and map from the KSREC, who shall issue the same on the strength of the receipt produced by the Agricultural Officer. The Agricultural Officer, on receipt of the report, shall require the LLMC to conduct physical inspection of the property and submit a report before the RDO as to the lie and nature of the property, as it exists at present, along with the report from the KSREC. A copy of the report of physical inspection conducted by the LLMC and of the report of the KSREC shall be issued to the petitioner on an application made.
W.P.(C) No. 20962/2017
4. On receipt of the report of the LLMC, along with the satellite map and report forwarded by the KSREC, the 1st respondent shall issue notice to the petitioner and consider the application, within a period of two months from the date of receipt of the report of the Agricultural Officer.
The writ petition is disposed of as above. No costs.
