(1.) Introduction:
(2.) This batch of Writ Petitions throws up the issue of inter-play between a secondary legislation--the Kerala Land Utilisation Order--and a primary legislation--the Kerala Conservation of Paddy Land and Wetland Act, 2008. Put differently, whether both the enactments, notwithstanding the disparity in the source of their origins, stand simultaneously to hold their respective fields or the latter subsumes the former from the day of its enactment or enforcement In other words, whether these two pieces of legislation conflate or conflict in resolving the issue of conversion of--compendiously expressed--agricultural lands into non-agricultural lands.
(3.) Many of the cases in the batch have shades of variance, factual and legal. Nevertheless, the primary issue remains whether the authorities of the Local Self Governments are bound to grant building permits, once the nature of the property stood changed prior to the enforcement of the Wetland Act 2008, despite the fact that the land still continues to be reflected in the revenue records as nilam or of similar description. As per S. 2(38) of the Kerala Land Reforms Act, 1963, nilam means land adopted for paddy cultivation.
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