Disposed

Buhari v. the Village Officer

Kerala HC4 Dec 2017WP(C)/30598/2017

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by landowners aggrieved by notices alleging unauthorized construction due to land inclusion in the data bank. The Court directed the Agriculture Officer to consider an application for removal from the data bank and quashed the impugned notices while laying down a roadmap for regularization.

What did the court decide?

Quashed notices P7, P7(a), P8 and P8(a). Directed LLMC to consider application for deletion and Municipal authorities to follow regulatory procedures for conversion of land use.

Buhari Vs the Village Officer — Land Acquisition | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 4TH DAY OF DECEMBER 2017/13TH AGRAHAYANA, 1939

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WP(C).No. 30598 of 2017 (Y)

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PETITIONER(S):

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1. BUHARI, AGED 46 YEARS, S/O. BABAKHAN, THEKKEVEEDU, VETTIPPURAM, PETTA, PATHANAMTHITTA, PIN - 689 645.

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2. REHEENA BEEVI,AGED 40 YEARS, W/O.BUHARI, THEKKEVEEDU,VETTIPPURAM, PETTA, PATHANAMTHITTA, PIN - 689 645.

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BY ADVS.SRI.M.T.SURESHKUMAR

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SRI.R.RANJITH SMT.SMITHA PHILIPOSE SRI.P.R.JAYASANKAR SRI.N.BIJA KRISHNA SRI.C.SREECHITH

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RESPONDENT(S):

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1. THE VILLAGE OFFICER, PATHANAMTHITTA VILLAGE - 689 645.

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2. TAHASILDAR, PATHANAMTHITTA - 689 645.

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3. DISTRICT COLLECTOR, PATHANAMTHITTA- 689 645.

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4. PATHANAMTHITTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY - 689 645.

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*ADDL. R5 IMPLEADED

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*ADDL. R5: AGRICULTURE OFFICER, KRISHI BHAVAN,

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PATHANAMTHITTA-689 645

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*** ADDL. R5 IS IMPLEADED AS PER ORDER DATED 4/12/2017 IN I.A. NO. 17593 OF 2017**

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R4 BY ADV. SRI.GEORGE ABRAHAM PACHAYIL, SC R1 TO R3 BY GOVERNMENT PLEADER RAJI T. BHASKAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 30598 of 2017 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE BUILDING PERMIT DATED 08/03/2017 ISSUED FROM THE 4TH RESPONDENT.
EXHIBIT P2	TRUE COPIES OF OWNERSHIP CERTIFICATE ISSUED FROM PATHANAMTHITTA MUNICIPALITY DATED 04/7/2017 AND 19/7/2017.
EXHIBIT P3	TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE MUNICIPALITY, DATED 03/07/2017.
EXHIBIT P4	TRUE COPY OF DEMAND NOTICE DATED 14/12/2016 ISSUED TO THE PETITIONERS.
EXHIBIT P5	TRUE COPY OF DEMAND NOTICE DATED 03/07/2017 ISSUED TO THE PETITIONERS.
EXHIBIT P6	TRUE COPY OF TAX RECEIPT NO: 6745 DATED 04/07/2017.
EXHIBIT P7	TRUE COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DATED 29/07/2017 TO THE 1ST PETITIONER.
EXHIBIT P7(A)	TRUE COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DATED 29/07/2017 TO THE 2ND PETITIONER.
EXHIBIT P8	TRUE COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DATED 26/08/2017 TO THE 1ST PETITIONER.
EXHIBIT P8(A)	TRUE COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DATED 26/08/2017 TO THE 2ND PETITIONER.
EXHIBIT P9	TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 03/09/2013.
EXHIBIT P10	TRUE COPY OF RELEVANT PAGES OF LAND IDENTIFICATION DETAILS OF 2.22 ARES WITH THANDAPER NO. 31384 COMPRISED IN SY. NO. 209/10-1 IN PATHANAMTHITTA VILLAGE IN KOZHENCHERRY TALUK PREPARED BY THE AGRICULTURAL FIELD OFFICER, KRISHI BHAVAN, PATHANAMTHITTA DATED NIL.

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EXHIBIT P11 TRUE COPY OF APPLICATION DATED NIL FILED BEFORE THE AGRICULTURE OFFICER, KRISHI BHAVAN, PATHANAMTHITTA.

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PBS

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WP(C).No. 30598 of 2017 (Y)

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EXHIBIT P12 TRUE COPY OF RECEIPT DATED 27/10/2017 FROM THE AGRICULTURE OFFICER, KRISHI BHAVAN, PATHANAMTHITTA GIVEN TO THE 1ST PETITIONER.

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EXHIBIT P13 TRUE COPY OF RECEIPT DATED 27/10/2017 FROM THE AGRICULTURE OFFICER, KRISHI BHAVAN, PATHANAMTHITTA GIVEN O THE 2ND PETITIONER.

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RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

PA TO JUDGE

PBS

A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C). No. 30598 of 2017(Y)

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Dated this the 4^th day of December, 2017

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JUDGMENT

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The petitioners, who are husband and wife, are stated to be in ownership and possession of 2.22 ares of property comprised in Survey No.209 of Pathanamthitta Village in Kozhencherry Taluk. In the writ petition, they are aggrieved by Exts.P7, P7(a), P8 and P8 (a) notices issued by the Village Officer, alleging that the land belonging to the petitioners is included in the land data bank and hence, any construction that is seen on the land has to be viewed as unauthorised for the purposes of Kerala Conservation of Paddy Land and Wetland Act(2008 Act).

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The facts in the writ petition would indicate that the land belonging to the petitioners, as described above, is mentioned in the land data bank prepared for the region in terms of Section 5 of the 2008 Act. The petitioners have, during the pendency of the writ petition, approached the Local Level Monitoring Committee (LLMC), through Ext.P11 application for deletion of the land belonging to the petitioners from the land data bank prepared for the region. It is stated that the said application is pending

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W.P.(C). No. 30598 of 2017(Y)

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consideration before the additional 5^th respondent. Taking note of the said facts, I dispose the writ petition with the following directions:

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(i) The additional 5^th respondent shall, in his capacity as the Convener of the LLMC, consider Ext.P11 application submitted by the petitioners seeking removal of the land from the land data bank and pass orders thereon, within a period of two months from the date of receipt of a copy of this judgment.

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(ii) In the event of the additional 5^th respondent removing the land of the petitioners from the land data bank, the petitioners shall approach the authorities under the Kerala Land Utilisation Order, with an application for permission to use the land for other purposes as envisaged under the KLU Order. In that event, the 3^rd respondent shall consider and pass orders on any such application preferred by the petitioner, within a period of one month from the date of receipt of the application.

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(iii) In the event of the petitioners receiving a permission from the 3^rd respondent for

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W.P.(C). No. 30598 of 2017(Y)

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converting the user of the land, then the petitioners shall approach the respondent Municipality with the same, for the purposes of regularising the construction already put up in the land in question.

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(iv) To enable the petitioners to comply with the directions in this judgment, I quash Exts.P7, P7(a), P8 and P8(a) notices issued by the Village Officer.

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(v) The petitioners shall, on receipt of the certificate from the LLMC, and the order permitting conversion under the KLU Order, produce copies of the same before the land tax authorities, for causing a fresh assessment and consequential change in classification of the land in the basic tax register.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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das/ 4.12.2017

Buhari v. the Village Officer

Case brief

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Buhari v. the Village Officer

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