LAWS(SC)-2025-2-82

STATE OF KERALA Vs. MOUSHMI ANN JACOB

Decided On February 20, 2025
STATE OF KERALA Appellant
V/S
Moushmi Ann Jacob Respondents

JUDGEMENT

(1.) Leave Granted.

(2.) The issue in these appeals is the construction of a Government Notification exempting the payment of fee upon reclamation of land originally reflected in the records of the State as 'paddy land' in accordance with the Kerala Conservation of Paddy Land and Wetland Act, 2008 ["The Act"]. The Learned Single Judge vide judgment and order dtd. 6/2/2023 [In W.P (C) 23400 of 2022] passed in WP(C)No.23400/2022 held that the fee payable by a person would be calculable for the portion of land that is in excess of 25 cents, since that much stands exempted. Such a finding in law was confirmed by the learned Division Bench vide judgment and order dtd. 1/8/2023 in WA No.983/2023, and a review filed thereagainst in R.P. No.894/2023 was dismissed by order dtd. 4/10/2023. The appellant-State takes exception to such a reading of the Notification, and hence, it is before us.

(3.) The background in which the writ petitions, their findings and subsequent review petition impugned herein, arose, is: -