MOHANDAS Vs. MANJERI MUNICIPALITY AND ORS.

JUDGEMENT

(1.) APPLICATION submitted by the petitioner seeking permit for construction of a commercial building, in a property owned by the petitioner, was rejected by the 2nd respondent through Ext. P3 notice, stating the reason that description of the nature of the property contained in the revenue records is as 'Nilam' (wet land). It is contended that the 2nd respondent was duty bound to examine the physical position, lie and nature of the property in order to ascertain whether it was converted after enactment of the Conservation of Paddy Land and Wet Land Act, 2008 (for short the Act) and should have taken an independent decision without depending on the description of the property in the revenue records. It is also contended that the property in question is remaining as pucca garden land surrounded by lot of residential buildings. Photographs of the property is produced in the writ petition, which will indicate that the land remains as pucca garden land and there are other buildings situated in the nearby compounds.

(2.) HEARD ; Standing counsel appearing for respondents.

(3.) IN view of the legal position remaining settled as mentioned above, rejection of the application based on the description mentioned in Ext. P3 cannot be sustained. It is for the Municipality to consider the matter afresh and to take an appropriate decision based on physical verification and ascertainment of the facts existing on the ground. If it is convinced that the land in question was converted prior to enactment of the Conservation Act, building permit cannot be denied merely on the ground that description of the land is shown as 'Nilam' in the revenue records.