CASTLEROCK PROJECTS AND DEVELOPERS PRIVATE LIMITED Vs. REVENUE DIVISIONAL OFFICER OFFICE OF REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) Petitioners in the writ petition, two Private Limited Companies, seek to set aside Ext.P14 minutes of the meeting convened on 22.11.2013 by the Local Level Monitoring Committee, Varapuzha.

(2.) According to the petitioners, they have purchased 11.6 acres of land in Varapuzha Panchayat as per Exts.P1 to P4 Sale Deeds. After purchasing these properties in 2010-2011, the petitioners filed Exts.P6 and P7 applications seeking permission to develop the land purchased by them. On the basis of the applications submitted by the petitioners, the Village Officer inspected the land in question and submitted Ext.P8 report. The Village Officer observed that, from an enquiry made by him among the local residents, it has come out that the land in question is not used for paddy cultivation for long years. Though aquaculture production was attempted, due to the lay of the land and muddy nature of water body, the aquaculture was also not successful. The Village Officer observed that on the western side of the land, there is river and on the southern side, there is wetland which is not cultivated for long years. On the eastern side, there is a water canal and also dry land upon which houses are seen constructed. The Village Officer also found that the Varapuzha Panchayat Committee, on 14.02.2012, has permitted to utilise this land for waste disposal project. The Village Officer, therefore, recommended to the Additional Tahsildar, Paravur, that suitable decision on the applications made by the petitioners may be taken.

(3.) It is the contention of the petitioners that as per the Village Officer's report, there are 46 coconut trees and 4 buildings, which are numbered by the Panchayat. Further more, the Regional Town Planning Officer, as per Ext.P9, has stated that the land in question falls in residential zone. However, as the issuance of development permit got delayed, the petitioners approached this Court filing W.P.(C) No.26584/2012. The said writ petition was disposed of by this Court as per Ext.P10 judgment. This Court granted liberty to the petitioners to approach the Local Level Monitoring Committee of the Panchayat and submit necessary material to indicate that the property is not a paddy land or wetland as defined under the Act. This Court further directed that the Local Level Monitoring Committee shall take appropriate decision in the matter after conducting necessary enquiry in terms of Rule 4(2) of the Kerala Conservation of Paddy Land and Wetland Rules.