SUBEESH K.R. Vs. NADATHARA GRAMA PANCHAYAT

JUDGEMENT

(1.) Among the stringent provisions of the Kerala Conservation of Paddy Land and Wetland Act (hereinafter referred to as 'the Paddy Land Act' for short), is available one that permits and approves conversion of small extents of Paddy Land solely for construction of a residential house for its owner. This is contained in Sec. 9(1) and 9(8) of the afore mentioned Act, which reads as under:

(2.) The disputatious aspects in this case revolve around the objectives behind the above provision because, the petitioner, who has obtained a permission to construct a house in his property, which is stated to be a converted paddy land, has also been imposed with a condition in the said order that he can never sell his property in future. The petitioner protests against this condition as being unconstitutional and calls upon me to set it aside.

(3.) The most essential facts will first require to seen and I narrate it as under: