ASMA Vs. DISTRICT COLLECTOR, THRISSUR

JUDGEMENT

(1.) The petitioner claims to be the owner of an extent of 2 Acres of property comprised in Survey Nos. 60/1, 60/2 and 65 of Azheekode Village, Eriyad Panchayat in Thrissur District. It is admitted that the property mentioned as above is included as wetland in the draft data bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, the "Act 28 of 2008").

(2.) The above property consists of eight manmade ponds for aquaculture and other improvements. However, in the data bank, this property is classified private pond. In the counter affidavit filed by the third respondent it is stated that in the basic tax register, the total extent of four ponds in Survey No. 65 is 1 Acre and 5 cents; the extent of one pond situated in Survey No. 60/2 is 15 cents; so also the extent of two ponds in Survey No. 60/1 is approximately 15 cents. Therefore, the question that arises for consideration is whether the manmade ponds can be treated as a wetland for the purpose of conservation of paddy land and wetland. The wetland is defined under S. 2(xviii) of the Act as follows:

(3.) In the counter itself it is stated that the property in Survey No. 65 is shown as nilam in the basic tax register. However, it is seen from Ext. P6 report of the Additional Tahsildar to the Revenue Divisional Officer that though the property in Survey No. 65 is shown as nilam in the basic tax register, it is converted long before the enactment of the Act and further that the land situated in Survey Nos. 60/1 and 2 is classified as purayidam in the basic tax register.