MUKTHAR ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) These matters have been placed before us on a reference order for an authoritative pronouncement as to the impact of the order obtained under Kerala Land Utilisation Order qua Sec. 27A of The Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as 'Paddy Act').

(2.) Sec. 27A of the Paddy Act was incorporated with effect from 30/12/2017. By the above statutory provision, if the owner of an unnotified land desires to utilise such land for residential or commercial or for other purpose, he shall apply to the Revenue Divisional Officer for permission. The Paddy Act was enacted in the year 2008 and it came into force with effect from 12/08/2008 to conserve paddy land and wetland and also to restrict the conversion and reclamation of such land. It mandates the constitution of the Local Level Monitoring Committee and its performance includes preparation of a data bank with details of cultivable paddy and wetlands. The power is conferred upon the District Collector to restore illegally reclaimed lands. Land, which was considered as a paddy or wetland prior to 12/08/2008 in the Basic Tax Register (BTR) and converted or reclaimed prior to 12/08/2008 is the subject of Sec. 27A, that means, land in BTR shown as paddy or wetland, but it was converted or reclaimed prior to 12/08/2008 and no longer remains as paddy land or wetland.

(3.) Land Utilisation Order is a subordinate legislation issued under the Essential Commodities Act. The purpose of the Land Utilisation Order is to secure the objectives of the Essential Commodities Act. The State Government issued Land Utilisation Order in 1967 in exercise of power conferred under Essential Commodities Act to increase production of food crops. To ensure food security, the Collector has power to direct the holder of the land to cultivate such crops which were being cultivated in the land. The food crops under the Land Utilisation Order includes paddy.