Court mandates strict compliance with statutory procedures under the Kerala Conservation of Paddy Land and Wetland Act, 2008
In a significant judgment, the Kerala High Court has directed the Revenue Divisional Officer (RDO) to reassess applications submitted by Lulu Hyper Market Pvt. Ltd. for the removal of certain lands from the Data Bank, as per the Kerala Conservation of Paddy Land and Wetland Act, 2008. The Division Bench, comprising Justices Devan Ramachandran and Basant Balaji, emphasized the necessity for strict adherence to statutory procedures, including obtaining mandatory reports from relevant authorities.
The case revolved around the removal and conversion of lands classified as paddy lands in the Ayyanthole Village. Lulu Hyper Market had applied for the removal of these lands from the Data Bank through Form 5 applications, which were initially approved by the RDO. Subsequent permissions for land conversion were granted under Section 27A of the Act. However, these approvals were challenged, leading to a Single Judge quashing the orders and directing a reconsideration in compliance with statutory provisions.
The High Court, upon hearing appeals against the Single Judge's decision, maintained that the procedural requirements under Rules 4(4e) and 4(4f) of the Kerala Conservation of Paddy Land and Wetland Rules must be followed. The court highlighted that the RDO cannot bypass the requirement of obtaining a report from the Agricultural Officer before deciding on the applications. Additionally, the court underscored that while the KSRSEC's report is relevant, it is not conclusive in determining the land's status.
The court further set aside an order by the District Collector under Section 13 of the Act, which directed the restoration of the lands to their original paddy land status, citing unresolved factual determinations regarding the land's conversion prior to 2008.
The judgment mandates the RDO to reconsider the Form 5 applications, taking into account the latest report from the Kerala State Remote Sensing and Environment Centre (KSRSEC), while strictly following the statutory procedure. The court also directed that the Agricultural Officer's report must be obtained and that all parties' contentions should be considered during the reassessment.
The decision reinforces the importance of procedural compliance in land conversion cases, ensuring that administrative actions are taken within the framework of the law.
Bottom Line :
Kerala Conservation of Paddy Land and Wetland Act, 2008 - Applications for removal of lands from the Data Bank and subsequent permission for conversion require strict compliance with statutory procedures, including obtaining reports from relevant authorities like the Agricultural Officer and KSRSEC.
Statutory provision(s): Kerala Conservation of Paddy Land and Wetland Act, 2008 Sections 13, 27A, Rules 4(4e), 4(4f)
Lulu Hyper Market Pvt. Ltd. v. District Collector, (Kerala)(DB) : Law Finder Doc id # 2969111
