Disposed

Divya Reghu v. Nattika Grama Panchayath

Kerala HC1 Jul 2019WP(C)/17860/2019

Case brief

AI extract

What is this about?

Petition under Art. 226 seeking quashing of notice to restore land and mandamus to decide pending application. Court directed Local Level Monitoring Committee to decide correction application for data-bank entry within four months, obtaining satellite images and reports as mandated. Court held notice to remove red earth is tenable as nature of land remains classified as paddy until correction.

What did the court decide?

Petitioner to pay requisite fee. Respondent 2 to consider correction application under Rule 4, obtain satellite images/reports, and pass orders within four months. Notice to remove red earth held vali

Divya Reghu Vs Nattika Grama Panchayath — Land Acquisition | Kerala HC (2019)

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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 ANIL K.NARENDRAN

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MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941

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WP(C).No.17860 of 2019

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PETITIONER :

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DIVYA REGHU

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W/O.SHAIJU, MARATHU, NATTIKA, THRISSUR-680566, REP. BY HER FATHER, REGHUNATHAN @ REGHU, AGED 68 YEARS, S/O.CHATHUNNI, THATTUPARAMBIL, NATTIKA, THRISSUR680566.

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BY ADV. SRI.K.I.SAGEER

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RESPONDENTS:

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1 NATTIKA GRAMA PANCHAYATH REP. BY ITS SECRETARY, PANCHAYAT OFFICE, P.O.NATTIKA, THRISSUR DISTRICT-680566.

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2 LOCAL LEVEL MONITORING COMMITTEE OF NATTIKA GRAMA PANCHAYAT, REP. BY ITS CONVENOR/AGRICULTURAL OFFICER, KRISHI BHAVAN, NATTIKA-680567.

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3 REVENUE DIVISIONAL OFFICER, THRISSUR, REVENUE DIVISIONAL OFFICE, THRISSUR-680003.

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BY SRI K P HARISH SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

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The petitioner, who is stated to be the owner in possession of 12.75 Ares of property in Re-Survey No.183/9 of Nattika Village covered by Ext.P1 Gift Deed No.1591/2014 dated 19.07.2014 of the Sub Registrar Office, Thriprayar, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 notice dated 19.03.2019 issued by the 2^nd respondent Local Level Monitoring Authority, requiring him to restore the land in question to its original position, within seven days. The petitioner has also sought for a writ of mandamus commanding the 2^nd respondent to consider Ext.P3 application and pass orders on the same in accordance with law, expeditiously within a time frame to be fixed by this Court. The further relief sought for is a writ of mandamus commanding the 3^rd respondent to consider Ext.P4 application made by the petitioner

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expeditiously, within a time limit to be fixed by this Court.

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Going by the averments in the writ petition, the petitioner's property has been classified as paddy land/nanja in the revenue records and it is classified as paddy land in the data-bank prepared under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the rules made thereunder. The petitioner made Ext.P3 application before the 2^nd respondent Local Level Monitoring Committee for correction of entry in the data-bank. The petitioner has also made Ext.P4 application before the 3^rd respondent Revenue Divisional Officer seeking permission under Clause 6 of the Kerala Land Utilization Order, 1967. Ext.P5 is a communication dated 19.03.2019 issued by the Agricultural Officer, who is the Convener of the 2^nd respondent Local Level Monitoring Committee, whereby the petitioner has been asked to remove the red earth (about 55 loads) put in the property in

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question comprised in Survey Nos.183/9 and 183/10 of

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Nattika Village.

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Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for respondents 2 and 3. Considering the nature of relief proposed to be granted, service of notice on the 1^st respondent Grama Panchayat is dispensed with.

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Kerala Conservation of Paddy Land and Wetland Act, 2008 was enacted to conserve the paddy land and wet land and to restrict the conversion or reclamation thereof, in order to promote growth in the agricultural sector and to sustain the ecological system, in the State of Kerala. Clause (iii) of Section 2 of the Act define the term 'conversion' to mean the situation whereby, land that has been under paddy farming and its allied constructions like drainage channels, ponds, canals, bunds and ridges are put to use for any other purpose. Clause (xii) of Section 2 defines the term 'paddy land' to mean all types of land situated in the

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State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like bunds, drainage channels, ponds and canals; Clause (xviii) of Section 2 defines the term 'wetland' to mean land lying between terrestrial and aquatic systems, where the water table is usually at or near the surface or which is covered by shallow water or characterised by the presence of sluggishly moving or standing water, saturating the soil with water and includes backwaters, estuary, fens, lagoon, mangroves, marshes, salt marsh and swamp forests but does not include paddy lands and rivers;

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Section 3 of the Act deals with prohibition of conversion or reclamation of paddy land. As per subsection (1), on and from the date of commencement of this Act, the owner, occupier or the person in custody of any paddy land shall not undertake any activity for the conversion or reclamation of such paddy land

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except in accordance with the provisions of this Act. As per sub-section (2), nothing contained in sub-section (1) shall apply to the cultivation of any intermediary crops that are cultivated without changing the ecological nature of that paddy land or the strengthening of the outer bunds for protecting the cultivation.

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As per Clause (f) of Rule 2 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 inserted vide G.O.(P)No.85/2018/Rev. dated 15.12.2018, 'data bank' means the data bank of paddy lands and wetlands prepared under clause (i) of subsection (4) of Section 5 of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Rule 4 of the Rules deals with preparation of data-bank. As per subrule (1) of Rule 4, the Local Level Monitoring Committee has to prepare a data-bank. Sub-rule (2) of Rule 4 deals with the procedure that has to be followed by that Committee in the matter of preparation of

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data-bank. As per sub-rule (3) of Rule 4, the Committee, if found necessary, can seek technical support for preparation of data-bank under clause (a) of sub-rule (2) of Rule 4 from the Agricultural Officer, Village Officer or District Collector.

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As per sub-rule (4) of Rule 4, the data-bank approved by the Committee as per clause (b) of subrule (2) of Rule 4, prepared in Form 4, shall be forwarded to the Secretary of the concerned Local Self Government Institution, who shall publish the same as Gazette notification. As per sub-rule (4A) of Rule 4, a copy of the data-bank published in the official Gazette shall be published by the Secretary of the Grama Panchayat/Municipality/Corporation in the notice board and also in the website. As per sub-rule (4B) of Rule 4, two copies of the data-bank published as above shall be forwarded by the Secretary of the Grama Panchayat/Municipality/Corporation to the concerned Village Officer and Agricultural Officer. As per sub-rule

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(4C) Rule 4, the Village Officer and the Agricultural Officer shall publish a copy of the data-bank so received in the notice board, for information to public and one copy shall be kept in safe custody so as to make available for scrutiny of land owners, as and when required.

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As per sub-rule (4D) of Rule 4, a person feeling aggrieved by any entry in the data-bank can submit her objections by submitting an application in Form 5 to the Revenue Divisional Officer, who shall issue receipt for such application and shall keep a register of such applications. As per sub-rule (4E) of Rule 4, if an application received under sub-rule (4D) is in respect of paddy land, the same shall be forwarded to the Agricultural Officer, and if such an application in respect of a wet land, the same shall be forwarded to the Village Officer, for report, and the Village Officer or the Agricultural Officer, as the case may be, shall submit a report on that application to the Revenue

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Divisional Officer, within one month.

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As per sub-rule (4F) of Rule 4, on receipt of a report under sub-rule (4E), the Revenue Divisional Officer shall conduct a local inspection of the property or obtain satellite map prepared by the Central or State Science and Technological Institutions, if found necessary, and therefore, pass appropriate orders on that application. As per sub-rule (5) of Rule 4, if any land, which is lying as paddy land/wet land is not included in the data-bank published in the official Gazette, under sub-rule (4) of Rule 4, the Local Level Monitoring Committee shall have the authority to take necessary action in this regard.

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As per sub-rule (6) of Rule 4, if a person is aggrieved by incorrect entry of his property in the data-bank published as per sub-rule (4) of Rule 4, he can make an application before the concerned Local Level Monitoring Committee, for correction, within 90 days from the date of coming into force of the Kerala

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Conservation of Paddy Land and Wetland (Amendment) Rules 2017. As per sub-rule (7), such an application has to be filed after affixing a Court fee stamp of Rs.100/- and that application should contain the particulars of the property in respect of which such correction is sought for and also the nature of correction sought for. Such an application for correction shall be received by the concerned Local Level Monitoring Committee and they have to issue receipts. If sufficient cause is shown, the Local Level Monitoring Committee shall have the power to entertain such application, after condoning the delay in filing those applications.

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As per sub-rule (8) of Rule 4, on receipt of an application under sub-rule (6), the Local Level Monitoring Committee shall prepare a report after conducting a local inspection as to the nature of the property in question. For that purpose, the Local Level Monitoring Committee has to take necessary steps to

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obtain the satellite images of the property prior to and after 12.08.2008, the date on which the Kerala Conservation of Paddy land and Wetland Act, 2008 came into force. Based on that report and also the satellite image, the Local Level Monitoring Committee shall take an appropriate decision as to the nature of the property and in cases there is any difference in the nature of the property notified in the data bank, necessary corrections shall be made and published accordingly. As per sub-rule (9) of Rule 4, for effecting such publication, the Local Level Monitoring Committee has to comply with the provisions under sub-rule (2) of Rule 4, regarding publication of data bank. As per sub-rule (10) of Rule 4, if the Local Level Monitoring Committee finds no reason to change the nature of the land, and accordingly not to make any correction in the data bank, the same shall be intimated to the applicant.

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The learned counsel for the petitioner would

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submit that, the petitioner has moved Ext.P3 application for correction of entry in the data-bank in relation to the property in question. The said application is now pending consideration before the 2^nd respondent Local Level Monitoring Committee and therefore, the said respondent may be directed to consider the said application and pass appropriate orders thereon, within a time limit to be fixed by this Court, with notice to the petitioner and after affording her an opportunity of being heard. The learned counsel for the petitioner would also submit that, the petitioner is prepared to remit the requisite fee for obtaining attested copy of F.M.B. Sketch and satellite image and report from the Kerala State Remote Sensing and Environment Center, as undertaken in Ext.P8 application.

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The learned Senior Government Pleader would submit that the 2^nd respondent Local Level Monitoring Committee shall consider Ext.P3 application

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made by the petitioner and pass appropriate orders thereon, in accordance with law, within a time limit to be specified by this Court.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 2^nd respondent to consider and pass appropriate orders on Ext.P3 application made by the petitioner under sub-rule (6) of Rule 4 of the Rules, strictly in accordance with law, after obtaining satellite image and report from the Kerala State Remote Sensing and Environment Centre and the attested copy of F.M.B sketch from the concerned Village Officer, as per the mandate of the Statute. It is for the petitioner to remit the requisite fee before the appropriate authority for obtaining such materials without any delay. The 2^nd respondent shall pass final orders on Ext.P3 application, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this

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judgment.

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By issuing Ext.P5 notice, the Agricultural Officer, who is the Convener of the 2^nd respondent Local Level Monitoring Committee, has directed the petitioner to remove red earth deposited in the land in question. The fact that the petitioner has chosen to make Ext.P3 application for correction of entry in data-bank, would make it explicitly clear that in the data-bank the property is classified as paddy land. Unless and until a favourable order is obtained in Ext.P3 application, the petitioner cannot change the nature of that property and in such circumstances, the direction contained in Ext.P5 notice dated 19.03.2019 issued by the Agricultural Officer, cannot be found to be without any basis.

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Sd/-

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ANIL K.NARENDRAN, JUDGE

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AV/3/7

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE GIFT DEED NO.1591/2014 OF S.R.O., THRIPRAYAR DATED 19.07.2014. EXHIBIT P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 20.04.2018 ISSUED BY THE VILLAGE OFFICER, NATTIKA. EXHIBIT P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 19.03.2019. EXHIBIT P6 A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN FAVOUR OF REGHUNATHAN DATED 30.05.2019

Divya Reghu v. Nattika Grama Panchayath

Case brief

What is this about?

What did the court decide?

Divya Reghu v. Nattika Grama Panchayath

Case brief

What is this about?

What did the court decide?

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