STATE OF KERALA Vs. AMAL PUBLIC SCHOOL

JUDGEMENT

(1.) W.A. No.1042 of 2015 The issue arising for decision in the writ appeal at the instance of the State Government is as to whether the learned single Judge had acted, in accordance with law, in the matter of interpreting the term 'public purpose' as defined in Sec. 2(xiv) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the 'KCPLW Act', for short.

(2.) We have heard the learned Senior Government Pleader and the learned counsel for the respondent/writ petitioner. We have also heard the learned counsel for the petitioners in the captioned writ petitions.

(3.) In terms of Sec. 10 of KCPLW Act, it is the power of the Government to grant exemption to convert or reclaim paddy land on the basis of the report submitted by the State Level Committee. The State Level Committee has to draw its conclusions on the basis of materials, including the Local Level Monitoring Committee's report. The requirement on the basis of which such exemptions can be granted, among other things, is 'public purpose' as defined in Sec. 2(xiv) of the KCPLW Act. It reads as follows:-