SEBI GEORGE vs VARANDARAPPILLY GRAMA PANCHAYATH

The petitioner is concerned with 28> cents of land in

Survey Nos.346/1, 346/2 and 347 of Varandarappilly

Village, purchased as per Ext.P1 deed, the prior deed of

which is produced as Ext.P2. The petitioner after purchase

of the land, obtained a possession certificate as indicated in

Ext.P3 and applied for construction of a residential building.

The same was declined as per Ext.P5, which projected the

reason of the land being included in the data bank and

description in the revenue records being ''nilam''. The

petitioner was directed to obtain conversion of user form

the appropriate authority by Ext.P5, which is challenged

herein.

The petitioner had filed an application for

regularisation of the unauthorised reclamation as permitted

under Section 3A of the Kerala Conservation of Paddy Land

and Wet Land Act, 2008 (''Paddy Land Act'' for short). As of

now, the provision is no more available in the Statute and

Ext.P6 application cannot be considered.

Considering the submission of the petitioner that

the data bank itself indicates the land to be included as a

land converted 35 years back, this Court directed the Local

Level Monitoring Committee (LLMC) to file a report after

physical inspection and also a report on Land Use Change

obtained from the Kerala State Remote Sensing and

Environment Center (KSREC). The said reports have been

placed on record along with memo dated 16.06.2017.

The report of the LLMC indicates that the entire

land is ''garden land'' with trees of about 35 years age and

there is no paddy cultivation in the locality. The

Agricultural Officer also reports that on physical inspection

conducted along with the village authorities, the property

of the petitioner was found to be comprised only in survey

no.347. Survey No.347 is said to be ''garden land''.

The Report on Land Use Change by the KSREC

indicates that the image of 29.03.2007 (Figure 4) evidence

the survey plot as cultivated land and no alteration in Land

Use Change is detected in the imageries of 2011, 2013 and

2016. This is with respect to survey numbers 346/1 and

346/2. As far as survey no. 347 is concerned, from 2007 to

2013 the survey plot is found to be under plantation cover.

Coupled with the report of the Agricultural Officer that the

petitioner owns properties only in survey number 347, it has

to be accepted that the property was converted long prior

to the implementation of the Paddy Land Act.

In such circumstance, the petitioner would be

entitled to approach the District Collector/Revenue

Divisional Officer, under Clause (6) of the Kerala Land

Utilization Order, 1967(''KLU Order'' for short), which has

been filed as per Ext.P7. The appropriate authority would

consider the same in accordance with the reports of the

LLMC and the KSREC, as available in the files of this Court.

The petitioner would be entitled to take a certified copy of

the reports filed by the Agricultural Officer and the KSREC.

If an application for certified copy is filed, the original

report of the KSREC shall be handed over to the petitioner

and a copy retained in the files for record.

The petitioner''s property being described as

''converted land'' in the data bank, the same is covered under

the KLU Order, as has been held by the Hon''ble Supreme

Court in Revenue Divisional Officer v. Jalaja Dileep -

2015 (1) KLT 984 SC. The application under Clause (6)

has to be considered in accordance with the declaration in

Puthan Purakkal Joseph v. Sub Collector - 2015 (3)

KLT 182. After the conversion is permitted, the petitioner

could also seek change of categorisation before the land tax

authorities and seek fresh assessment of the land as ''garden

land'', as has been declared in Kizhakkambalam Grama

Panchayath V. Mariumma - 2015(2) KLT 516.

This need not detain the local authority since the

petitioner''s property is only included as a converted land in

the data bank. Ext.P5 is set aside. The application for

building permit shall be considered in accordance with the

provisions of the Kerala Panchayat Building Rules, 2011

within two months from the date of receipt of the certified

copy of this judgment.

The writ petition is allowed. No Costs