P.K.NAFEESA Vs. PAYYOLI GRAMA PANCHAYATH

JUDGEMENT

(1.) Applications preferred by the petitioners for grant of building permits have been rejected by the local authorities mainly on the ground that the properties where the petitioners proposed to put up the buildings are paddy lands as per the Revenue Records.

(2.) The common case of the petitioners in all these writ petitions is that their properties have been converted long prior to the coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act'). In most of the writ petitions, it is alleged by the petitioners that their properties are not included in the Data Banks prepared under the Act and in the remaining writ petitions, it is alleged by the petitioners that their properties are shown as converted prior to the coming into force of the Act in the Data Banks prepared under the Act. According to the petitioners, in the circumstances, there is absolutely no impediment, whatsoever, in putting up buildings in the properties. They, therefore, seek appropriate directions in this regard, in these writ petitions.

(3.) If the properties of the petitioners are converted prior to the Act, the provisions of the Act would not apply to the same, as held by the Apex Court in Revenue Divisional Officer v. Jalaja Dileep (2015(1) KLT 984). If the provisions of the Act would not apply to the properties of the petitioners, they are entitled to make use of the same for other purposes, after obtaining permission of the competent authority under Clause 6 of the Kerala Land Utilization Order [See Puthan Purakkal Joseph v. Sub Collector (2015(3) KLT 182)]. In Puthan Purakkal Joseph (supra) and Shivadasan v. Revenue Divisional Officer (2017(3) KLT 822), this Court has dealt with the scope of the power of the competent authority under the Kerala Land Utilization Order in dealing with the applications for permission preferred for use of the properties for other purposes. In the circumstances, the writ petitions are disposed of permitting the petitioners to prefer applications before the District Collectors concerned for permission to make use of the properties for construction of buildings invoking Clause 6(2) of the Kerala Land Utilisation Order. If the petitioners prefer applications before the District Collectors concerned for permission to make use of the properties for construction of buildings as directed above, the same shall be considered by the District Collectors in the light of the decisions of this Court in Puthan Purakkal Joseph (supra) and Shivadasan (supra), after satisfying, by calling for reports from the Local Level Monitoring Committees concerned under the Act, that the properties of the petitioners in the aforesaid writ petitions are not liable to be included in the Data Banks prepared under the Act. The reports shall be called for by the District Collectors concerned within a week from the date of receipt of the application along with a copy of the judgment from the petitioners, and the direction aforesaid shall be complied with, within one month from the date of receipt of the reports. If the requests of the petitioners under Clause 6 of the Kerala Land Utilization Order are granted, the petitioners shall be issued building permits, if they are otherwise entitled for the same, by the local authorities concerned.