LOCAL LEVEL MONITORING COMMITTEE Vs. ALI AKBAR

JUDGEMENT

(1.) This appeal is filed by respondents 2 to 6 in W.P. (C) No. 29801 of 2012 challenging the judgment dated 05.10.2013 of the learned Single Judge. The Writ Petition was filed by the petitioner challenging Ext. P13 order passed by Local Level Monitoring Committee (for short 'LLMC'), formed under the provisions of Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as 'me Act'). By Ext. P13 the Local Level Monitoring Committee rejected the application filed by the petitioner for excluding the petitioner's property from the list of data bank on the finding that it is suitable for paddy cultivation.

(2.) The learned Single Judge after an elaborate consideration of the factual circumstances opined that Ext. P13 is liable to be set aside and the District Level Authorised Committee has to consider the entire records received from LLMC and to pass appropriate orders.

(3.) Learned Government Pleader submits that the District Level Authorised Committee has no jurisdiction in the matter. The position of law is well covered by the judgment in W.A. No. 1416 of 2014 dated 2.2.2015 Adani Infrastructure & Delopers Pvt. Ltd. v. State of Kerala, 2015 1 KerLT 651. It is clear from the statutory provisions under the Act that Local Level Monitoring Committee is the competent authority to verify whether the land is suitable for paddy cultivation or not. If it is suitable for paddy cultivation and the owner has submitted application seeking sanction for construction of residential building, then alone LLMC has to submit its recommendation to the District Level Authorised Committee. But as far data bank entries are concerned, initially a draft data bank is prepared by LLMC. Taking into consideration the objection received from the owner or the holder in possession, appropriate changes can be made. The District Level Authorised Committee has no jurisdiction to consider whether the land is a paddy land or not. The District Level Authorised Committee can recommend for filling of paddy land of not more than ten cents in a Panchayat area or five cents in a Municipality/Corporation, for construction of residential building. The District Level Authorised Committee has no jurisdiction as far as making or modifying the entry in the data bank is concerned. The jurisdiction vests only with LLMC.