SUDHEESH R. Vs. STATE OF KERALA

JUDGEMENT

(1.) Relief, as sought for by the petitioner, is against the objections raised by the Town Planner, Palakkad, in a matter related to the construction in paddy land. This construction was undertaken based on the order of permission granted by the District Level Authorised Committee (DLAC) constituted under Section 9 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 [Act 28 of 2008]. The objection pointed out by the Town Planner, essentially, is referring to non- compliance of coverage under the Kerala Municipality Building Rules, 1999 for constructing the residential house in a land of 5 cents based on permission granted by DLAC.

(2.) During the course of hearing this Court entertained doubt in regard to the legality of the order passed by DLAC by granting permission to a landowner who consciously purchased a land being a paddy land in the year 2015. Taking note of nature of order and its impact, if such order is allowed to muster the backing of the law, this Court sought views of the Government. Accordingly, the learned Additional Advocate General, Shri Renjith Thampan addressed this Court.

(3.) The learned Additional Advocate General after referring to the very statement of objects and reasons of Act 28 of 2008 submitted the Act itself was brought in to preserve and conserve the paddy land. However, the Legislature taking note of the rigour of the statutory provision which would prevent the owner from converting or reclaiming the land, allowed the owner of such paddy land to reclaim paddy land for construction of a residential building. According to the learned Additional Advocate General, 'owner', referred to under the statutory provision in Section 9 of Act 28 of 2008 is the owner who would be affected at the time of introduction of Act 28 of 2008 as on 12/8/2008. Therefore, the learned Additional Advocate General argued that the title 'owner', who becomes successor by virtue of alienation or transfer could not claim the benefit of reclamation as provided under Section 9 of Act 28 of 2008.