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2017 Supreme(Online)(KER) 48244
HIGH COURT OF KERALA
K VINOD CHANDRAN, J
AHSA BABU – Appellant
Versus
DISTRICT COLLECTOR – Respondent
WRIT PETITION (CIVIL) 18538/2017
Proper assessment and reporting are mandatory for land conversion applications under the Kerala Land Utilisation Order.
Headnote:
Land - Property Rights - Kerala Land Utilisation Order 1967, Clause (6); Paddy Land Act - Summary: The court addressed the application process for converting land classification under the Kerala Land Utilisation Order and required due process to ascertain land use before assessment.
Fact of the Case:
The petitioners, joint owners of land categorized as 'Nilam,' applied for conversion under the Kerala Land Utilisation Order, asserting it was fully converted since 2000 and near residential properties. The court instructed proper reporting and assessment before deciding on the application.
Finding of the Court:
The court emphasized the need for a report from the Local Level Monitoring Committee and a thorough assessment of land use prior to making a final decision on the petitioners' application for conversion.
Issues: Whether the application for conversion of land classification under the Kerala Land Utilisation Order could be considered without necessary reports on the land's nature and lie.
Ratio Decidendi: The court ruled that compliance with the procedural requirements of collecting necessary reports and conducting inspections is essential before deciding on land classification changes.
Final Decision: The writ petition is disposed of with instructions for further assessment and reporting.
Judgment
The petitioners are the joint owners in possession of
20.24Ares of land comprised in Block No.9, Sy.No.41/2-3 of Aymanam Village, Kottayam Taluk, Kottayam District. The petitioners contend that the said property is a pucca dry land and in the revenue records, the description is shown as “Nilam”. It is also contended that the properties though included in the draft data bank, the petitioners' property is shown as “fully converted land” and the year of conversion is 2000. It is also contended that there exists several residential buildings near the petitioners' property and all the neighbouring properties are dry land.
W.P.(C) No.18538/2017 2
2. The petitioners submitted an application under Clause (6) of the Kerala Land Utilisation Order 1967 before the 1st respondent, Revenue Divisional Officer. Ext.P3 application is dated 22.05.2017. Since the land itself has been included in the draft data bank but the description is shown as 'Nilam' in the B.T.R, it is only proper that a report is received from the Local Level Monitoring committee (LLMC) before consideration of Ext.P3 application by the 1st respondent.
3. The petitioners shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the Local Level Monitoring Committee, 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 Paddy Land Act, from the Director, Kerala State Remote Sensing and Environment Center (KSREC), Vikas Bhavan, W.P.(C) No.18538/2017 3 C-Block, Thiruvananthapuram, Kerala 695 033. On the direction of the Agricultural Officer so to do, the petitioners 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 carry out a physical inspection of the property, by the LLMC 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.
4. The report of the LLMC, along with the satellite map and report forwarded by the KSREC shall be forwarded to the 1st respondent, who shall, then 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.
W.P.(C) No.18538/2017 4
5. The application filed under Clause 6 of the KLU Order if allowed eventually would lead to a fresh assessment of the land as a garden land and the correction of the BTR, in that context will be permissible. The application under Clause (6) of KLU Order would have to be considered in the light of Puthan Purakkal Joseph v. Sub Collector [2015 (3) KLT 182], and on conversion being permitted, the petitioner would have to approach the appropriate authority for fresh assessment in accordance with Kizhakkambalam Grama Panchayath V.
Mariumma - 2015(2) KLT 516.
The writ petition is disposed of as above. No costs.
