1. V. J. Thomas, S/o. Late K. T. Joseph VS State Of Kerala - 01 Oct 20

Important points:The application for utilisation of the property for other purposes was submitted only on 27.01.2018 and it is contended that the petitioner therein had a vested right to consider her application in accordance with law as on the date of submission of the application, on the premise that Section 27A of Act, 2008 was brought into force by the Amended Act, 2018 by giving retrospective effect from 30.12.2017.

Kerala Conservation of Paddy Land and Wetland Act, 2008- Section 27A;; The Kerala Conservation of Paddy ... from the date of commencement of the Kerala Conservation of Paddy land and Wet land (Amendment) Act, 2018 shall be considered and ... of nature of the unnotified land from the date of commencement of the Kerala Conservation of Paddy land and Wet land (Amendment) ... from the date of commencement of the Kerala Conservation of Paddy land and Wet land (Amendment) Act, 2018 shall be considered and ... , the Kerala Conservation of Paddy Land and Wetland (Amendment) Ordinance, 2017 was promulgated by the Governor of Kerala on 30th ... The said Ordinance of 30 of 2018 was later replaced by the Kerala conservation of paddy land and wetland (Amendment) Act, 2018 ('

India - Kerala

2. Habeeb Rahman S/o Mohammed VS Revenue Divisional Officer, Tirur - 14 Jul 20

Where a party is entitled for the benefit of Sec. 27A(A)(6) and also secures grant of building permit, etc. then the party concerned is equally entitled to maintain an application in terms of Sec. 27C(2) r/w Sec. 6A of the Kerala Land Tax Act before the competent Tahsildar concerned for re-assessment of the subject property under Kerala Land Tax Act and to secure additional entries in the BTR to show the changed nature of the land as ‘garden land/purayidam’ instead of the earlier BTR entries as ‘nilam/paddy land’ so that higher land tax is collected from the land holder concerned.

Kerala Land Tax Act, Sec. 27C r/w Sec. 6A ;; The Kerala Conservation of Paddy Land and Wet Land Act, Section ... 27A ;; The Kerala Land Tax Act, Sec. 6A -In case the petitioner violates any of the conditions in the Sec. 27A(6), then it goes ... Though the sale-deed shows the land as paddy land, Ext. ... Thus, as the land is not un-notified land, Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, is not applicable ... (BTR), the same has been converted long prior to 12.8.2008 (the date of coming into force of the Kerala Conservation of Paddy Land ... Conservation of Paddy Land and Wetland (Amendment) Act, 2018, provided that if the area of the residential building or commercial

India - Kerala

3. Mohammed Ashraf VS State Of Kerala, Represented By Its Secretary, Department Of Revenue - 27 May 20

Important points:The provisions contained in Rule 6(2) of the KLU order can be invoked in the matter of permission for change of use of the land only in respect of lands which are classified as paddy land in the BTR and which have been later converted as garden land or purayidom prior to 12.08.2008 and not in respect of lands which are classified as “wet land” etc.

Kerala Conservation of Paddy Land and Wet Land Act, 2008;; Kerala Land Tax Act, 1961- Section 6A;; The Kerala ... The said reasoning is unsustainable in law and against the spirit of Kerala Conservation of Paddy Land and Wet Land Act, 2008. ... Ext-P1 application under the Kerala Land Utilisation Order, 1967 for permitting him to use this property for other purpose other ... of Paddy Land and Wet Land Act, 2008. ... land/nilam in BTR records, had been converted as garden land or purayidom much prior to coming into force of the Kerala Conservation ... The said reasoning is unsustainable in law and against the spirit of Kerala Conservation

India - Kerala

4. Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala - 01 Jul 20

Appeal remedy as per Section 27B(1) can be invoked before the District Collector only for the limited purpose of impugning order passed under Section 27A(2), going by the specific provision in Section 27B(1). So also, the revisional remedy under Section 28 can be pursued before the State Government, only to challenge a considered decision of the District Collector and not a decision rendered by the RDO.

Kerala Land Utilization Order ;; The Kerala Conservation of Paddy Land and Wet Land Act, 2008- Section 27A ... (2) ;; The Kerala Land Tax Act, 1961-Change of assessment in the Basic Tax Register - Colourable exercise of powers -Infringement ... r/w Section 6A of the Kerala Land Tax Act, 1961, before the 3rd respondent-Tahsildar seeking for reassessment of the subject property ... Conservation of Paddy Land and Wet Land Act, 2008). ... Land Utilization Order or under Section 27A(2) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and the consequent ... Land Utilization Order or under Section 27A(2) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and the consequent

India - Kerala

5. THOMASLY VS IRINJALAKUDA MUNICIPALITY REPRESENTED BY ITS SECRETARY, IRINJALAKUDA - 16 Jan 17

Kerala cons Conservation of Paddy Land and Wet Land Act, 2008 will be applicable only if the property is inclusive in the land data ... Conservation of Paddy Land and Wetland Act 2008 (Kerala), S. 5 - Land Utilization Order 1967 (Kerala), Cl. 6- The provision of the ... bank as described as under the head 'Nilam' or else it is the Kerala land utilization order 1967 controls the maintenance of the ... State of Kerala - [2015 (1) KLT 651]; Local Level Monitoring Committee under Kerala Conservation of Paddy ... data bank, and is described as 'Nilam' in the Basic Tax Register, that the provisions of the Kerala Conservation of Paddy Land and ... Jalaja Dileep and Another - [2015 (2) KHC 109] and Local Level Monitoring Committee Constituted under Section 5 of the Kerala Conservation

India - Kerala

6. Anu Mathew W/o. Late Thomas Mathew VS The Revenue Divisional Officer, RDO Office, Kochi. - 28 Jan 22

Kerala Conservation of Paddy Land and Wet Land Act, 2008 – Petitioner is aggrieved by non-consideration ... of Ext.P12 application submitted in Form 6 of Kerala Conservation of Paddy Land and Wet Land Act, 2008 – Petitioner submits that ... land is shown as converted land in Data Bank and in Ext.P7, the Local Level Monitoring Committee has already found that land is liable

India - Kerala

7. Leela Santu VS Secretary, Kothamangalam Municipality - 30 Jul 20

The subject property has been converted prior to 2008 Act and building permit has been issued by the local body concerned without reference to the nature of the land and after the construction of the building the local body will be estopped from raising objections for grant of completion certificate, occupancy certificate or for grant of permit for additional construction on the ground that subject property continued to be descried as ‘nilam/paddy land’ in the BTR

Kerala Municipality Building Rules- Rule 22(3) ;; The Kerala Conservation of Paddy Land and Wet Land Act ... Statement of facts:As per Rule 22(3) of the Kerala Municipality Building Rules, the ... , 2008 (State Act 28/2018)-Occupancy certificate- S.27A(1) - S.27A thereof has been inserted by amendment Act 29 of 2008 which came ... Conservation of Paddy Land and Wet Land Act, 2008 (State Act 28/2018). ... As per Rule 22(3) of the Kerala Municipality Building Rules, the respondent-Municipality ... would place reliance on the judgment of this Court as well as the Government Circular dated 13.8.2018 issued by the Government of Kerala

India - Kerala

8. Suraj K. S. VS State of Kerala - 27 Nov 17

Conservation of Paddy Land and Wetland Act 2008 (Kerala), Ss. 2(xviii), 2(xii), 3 & 11 - Conservation of Paddy Land and Wetland Rules ... 2008 (Kerala), R. 4(2), Environment (Protection) Act 1986 - Coastal Regulation Zone Notification 2011 -Wet land of the act is not ... -The statute also excludes the wet land held under the revenue records and the data bank. ... is a wetland falling within the purview of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act). ... Further, provisions contained in Rule 4 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('the Rules') dealing with ... also in the Data Bank prepared under the Act as wet land and the same is pending.

India - Kerala

9. Jafarkhan VS K. A. Kochumakkar - 18 Jan 12

Land Utilization Order, 1967 (Kerala), Clause 6 and 17 - Conservation of Paddy Land and Wet Land Act, 2008 (Kerala), Section 3 - ... land utilization order -It is not violative under the act the conversion of the paddy land or wet land. ... Expansion of plywood factory -Collector has authority to deliberate the provisions of 2008 Act if the act is not applicable under ... Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter called "the Act") against the appellant in respect of 12.70 ares ... paddy land nor wet land falling under Sections 2(xii) and 2(xviii) of the Act. ... are filed challenging common judgment of the learned Single Judge directing the District Collector to enforce Section 13 of the Kerala

India - Kerala

10. Hajee Abubacker VS The Revenue Divisional Officer, Palakkad - 14 Aug 09

Same was pending consideration on date of commencement of Conservation of Paddy Land and Wet Land Act, 2008. ... Paddy Land and Wet Land Act - S.14 enjoins that notwithstanding anything contained in the Kerala Panchayat Raj Act, 1994 or in the ... or construction in a paddy land or a wet land converted or reclaimed in contravention of the provisions of the Wet land Act. ... Conservation of Paddy Land and Wet Land Act, 2008, the "Wet land Act", for short. ... wet land Act. ... The Wet land Act came into force on 12.8.2008.

India - Kerala