HEMA ANIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The question arising for consideration in this writ petition is whether a well can be dug in a paddy land for commercial use.

(2.) Petitioner claims to have taken steps for setting up a manufacturing unit for packaged drinking water. She obtained a permit to construct a building in Re.Sy. Nos.358/3-4 and 356/2D-7 of Maneed Village, Muvattupuzha Taluk. Petitioner intends to set up her manufacturing unit on land, which is classified as a nilam and notified in the data bank. The Kerala Ground Water Department, after conducting its tests, confirmed that the area is suitable for construction of an open well with dimensions of 8 metres in length, 6 metres in width and 10 metres in depth in Sy. Nos.359/3-10, 359/3 and 359/4 of Maneed Village. Based on the confirmation from the Kerala Ground Water Department, petitioner applied to the Panchayat seeking a No Objection Certificate for the project. However, by communication dtd. 14/7/2022, the Panchayat informed her that approval from the Revenue Divisional Officer is necessary and that as per Rule 75(1) of the Kerala Panchayat Building Rules, 2019, prior permission of the Panchayat is also essential before constructing a well.

(3.) In the meantime, petitioner approached the Revenue Divisional Officer to remove her land from the data bank. She filed an application under Form 5 of the Kerala Conservation of Paddy Land and Wetland Act, 2018 (for short 'the Act'). While so, petitioner received an intimation from the Ground Water Department that permission of the Grama Panchayat is necessary for considering her application for using the groundwater for the project. It is in such circumstances that this writ petition has been filed seeking to quash the communication issued by the Panchayat on 14/7/2022 as well as for a direction to the Panchayat to issue a No Objection Certificate to the petitioner.