COCHI MEDICAL CITY TOURISM PRIVATE LIMITED REPRESENTED BY ITS DIRECTOR Vs. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Heard Sri.P.Gopinath Menon, the learned counsel for the appellant/writ petitioner and Sri.Renjith Thampan, the learned Additional Advocate General, appearing for the respondents.

(2.) The appellant is the promoter of a proposed medical city project named 'Cochi Medicity' in Kadamakudy, Kerala and in connection with this project, they sought exemption for about 47 acres of land, under Section 10 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'the Paddy Land Act'). The in-principle approval was granted for such conversion on 3.2016 by Ext.P6, but the said decision was kept on hold, under the Ext.P7 order dated, 15.3.2016. Aggrieved by the Ext.P7 order, the writ petition came to be filed by the aggrieved party.

(3.) The writ petitioners projected that consequent to the amendment of the definition of 'public purpose' in the Paddy Land Act, under the amendment Ordinance, 2017 notified on 112.2017, other schemes and projects are also included in the definition of 'public purpose' contained in Section 2(xiv) and on this basis, the project in question, although not being executed by the Government or any such statutory authority, is projected to be amenable to the exemption power, under Section 10 of the Paddy Land Act.