CHINNAMMA Vs. DISTRICT COLLECTOR, ERNAKULAM DISTRICT

JUDGEMENT

(1.) These matters are pertain to a construction undertaken by one Cinil Lukose in R.Sy No.3/22 in Block No.49 of Aikkaranadu South Village.

(2.) Based on an order passed by the Revenue Divisional Officer (RDO) invoking Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, 'the Act 28 of 2008'), the land having an extent of 3.55 Are has been carved out and the separate subdivision was given as R.Sy. No.3/26 out of the larger extent of the land. The dispute pertains to the construction of a house by Cinil Lukose in the land having 3.55 Ares.

(3.) The land was not included as a paddy land or wetland in the draft data bank. Cinil Lukose, therefore, approached the RDO, under Section 27A of the Act 28 of 2008. The RDO has the necessary power under Section 27A of the Act 28 of 2008 for changing the nature of the unnotified land. The RDO passed an order on 30.03.2019, changing the nature of the land. Based on that order, Cinil Lukose approached the local authority for building permit. The local authority granted the same for the construction of the residential building. Cinil Lukose started the construction.