GLOBAL EDUCATION TRUST Vs. STATE OF KERALA

JUDGEMENT

(1.) The short point that arises for consideration in this writ petition is whether the owner of a converted paddy land with a building constructed prior to incorporation of Sec. 27A in the Kerala Paddy Land and Wetland Act, 2008 is required to obtain an order of regularisation under Sec. 27A of Act 28 of 2008 as a pre requisite to obtain building from a local authority.

(2.) Facts are not in dispute. The petitioner owns a land described as "Nilam" in BTR and entered as a converted land in Data Bank. The main application before the Cochin Corporation is for a building permit. Admittedly, an old building exists in the land. The land is situated in Elamkulam Village within the limits of Cochin Corporation. The Corporation refused to consider the application for the reason that the land is required to be regularised under Sec. 27 A of Act 28 of 2008.

(3.) The old building exists in the land appears to have been constructed without obtaining any order under the Kerala Land Utilization Order, 1967. Prior to incorporation of Sec. 27A of Act 28 of 2008, with effect from 30/12/2017, converted paddy land can be utilised for other purposes, only after obtaining an order under Clause 6 of the Kerala Land Utilisation Order, 1967. After coming into force of Sec. 27A of Act 28 of 2008, if any person desirous of utilising an unnotified land, he will have to apply before the Revenue Divisional Officer, as provided under Sec. 27A of Act 28 of 2008. Regularisation is permissible on payment of fees prescribed.