SHAJI CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the owner of landed property in Survey Nos. 514/2 and 514/7, having 11.01 Ares and 1.05 Ares in extent respectively, of Elamkulam Village in Ernakulam District. The aforesaid land is recorded in the Data Bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (Act 28 of 2008) as a converted land before 2008. The petitioner submitted an application for building permit. That application was submitted on 3.8.2017 which was rejected by Ext.P7 order dated 28.10.2017 stating that the land is described as a wetland in the possession certificate. The land in question is included in the structural plan as a residential zone under the Town Planning Scheme. It is seen classified as nilam in the Basic Tax Register (BTR) as seen from Ext.P6. This writ petition was filed on 6.4.2018 challenging Ext.P7 decision of the Corporation rejecting the application for building permit.

(2.) In this matter, the sixth respondent filed a statement. It is stated therein that Section 27A was incorporated in Act 28 of 2008 with effect from 30.12.2017 and if the petitioner proposes to construct a residential building with 120 sq. mts., that can be permitted. However, if the petitioner wants to construct beyond 120 sq. mts., he should submit an application under Section 27A of the Amended Act.

(3.) The Government in Circular No. 406/R.A.1/2018-LSGD, dated 13/8/2018, has clarified that Section 27A is only having a prospective application and it cannot be made applicable in respect of the construction which was undertaken based on the application for building permit prior to 30.12.2017.