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2018 Supreme(Online)(KER) 12794
HIGH COURT OF KERALA
SHAJI P.CHALY, J
SEBASTIAN – Appellant
Versus
DISTRICT LEVEL AUTHORIZED COMMITTEE CONSTITUTED UNDER THE CONERVATION OF PADDY LAND AND WET LAND ACT – Respondent
WRIT PETITION (CIVIL) 35595/2016
The decision highlights the obligation of authorities to review land utilization applications diligently, aligning with conservation regulations.
Headnote:
Property - Land Utilization - Kerala Land Utilisation Order, 1967; Kerala Conservation of Paddy Land and Wet Land Act, 2008 - The court directed the authority to consider the application for land use change, emphasizing statutory provisions for land utilization and conservation.
Fact of the Case:
The petitioner owns 82 cents of property classified as garden land but inaccurately recorded as paddy field. The property is not part of the conservation data bank. The petitioner seeks to utilize the land differently and has a pending application with authorities.
Finding of the Court:
The court ordered the authorities to expedite the application process, confirming the property's classification and compliance with applicable land utilization laws.
Issues: Whether the petitioner is entitled to change the land use classification and receive timely consideration of the application under the relevant land utilization laws.
Ratio Decidendi: The court underscored the necessity for the authorities to act within the stipulated time frame while ensuring compliance with regulations regarding land use and conservation.
Final Decision: The writ petition is disposed of directing the prompt consideration of the application.
JUDGMENT
Petioner is the owner of an extent of 82 cents of property, situate in Survey No.135/3 B of Kadungalloor Village by virtue of Exts.P1 and P2 registered documents. The case projected by the petitioner is that, despite the fact the property is remaining as a garden land in the revenue records as well as in the BTR, it is shown as paddy field. It is also submitted that the property is not included in the data bank constituted under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act , 2008. Seeking permission to utilize the property for different purposes as per the provisions of the Kerala Land Utilisation Order , 1967, petitioner has submitted Ext.P8 application, which is pending consideration before the
additional 6 respondent and seeks direction for early disposal of the same.
2. Having heard learned Counsel for the petitioner and the learned Government Pleader, there will be a th direction to the additional 6 respondent to consider Ext.P8 in accordance with law, and attain finality at the earliest and at any rate within three months from the date of receipt of a copy of this judgment, verifying the authenticity of the submission made in this writ petition that the property is not included in the data bank and taking into account any report from the Local Level Monitoring Committee or Kerala State Remote Sensing and Environment Centre (KSRSEC).
The writ petition is disposed of accordingly.
Sd/
SHAJI P.CHALY JUDGE jm/
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PA to Judge
