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2014 Supreme(Online)(KER) 19589
HIGH COURT OF KERALA
A. Muhamed Mustaque, J
RAJU CHACKO – Appellant
Versus
THE AGRICULTURAL OFFICER – Respondent
WRIT PETITION (CIVIL) 34689/2014
A petitioner may seek correction of land classification based on reclamation status prior to the enactment of relevant legislation.
Headnote:
Property - Ownership - Act 28 of 2008 - Court determined the necessity of correcting property details in the draft data bank in light of reclamation status prior to the Act's enactment.
Fact of the Case:
The petitioner claimed ownership of property in Naduvila Village and sought correction of its details in the draft data bank, asserting it was not nilam as per the claims of the government.
Issues: Whether the Local Level Monitoring Committee should consider the petitioner's claim to amend the draft data bank concerning the property's classification as nilam.
Ratio Decidendi: The court emphasized that the Local Level Monitoring Committee should evaluate the reclamation status of the property regarding its classification under the Act, allowing for necessary amendments.
Final Decision: Writ Petition is disposed of with directions to the Local Level Monitoring Committee.
JUDGMENT
Petitioner claims to be the owner in possession of property in Survey Nos.51/3 and 51/11-1 in Naduvila Village. Petitioner has approached this Court seeking for a direction to the first respondent to consider the application for correcting details in the draft data bank.
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 property situated in Survey Nos.51/3 and 51/11-1 in Naduvila Village. Local Level Monitoring Committee shall consider the application in the light of the decision in Castlerock Projects and 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, Ernakulam under clause (6) of the Kerala Land Utilization Order for utilising the land for other purposes. The application submitted by the petitioner before the Local Level Monitoring Committee is produced as Ext.P5. 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 judgment after affording an opportunity of being heard to the petitioner.
Writ Petition is disposed of as above.
