1. RANJITH THAMPAN
ADDITIONAL-ADVOCATE GENERAL
KERALA
-No.‘AAG-RT/ Misc.08 / 18
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12th
1 The District 'Collector, Thrissur
2. The Sub Collector/Revenue Divisional Officer, Thrissur
Sir,
Sub.- Legal Opinion - regarding
Ref:- Order No.B2-16527/2017/D.Dis dated 12.1.18 of the Sub
Collector, Thrissur.
This relates to application filed by Sri.Shibu Eluvathingal requesting
for an order under Clause 6 of the Kerala Land Utilisation Order vis-a-vis
0.1154 Hectares of land in Sy.No. 531/2 of East Chata.kkudy Village. It is
seen from the order that the land has ceased to be paddy land on the date of
commencement of the paddy land Act 2008. In the Data Bank also, the land
is not mentioned as paddy land.
The Revenue Divisional Officer has allowed the application and
permitted use of an extent of 0.0607 Hectares of land in Sy. 531/2 of East
Chalakkudy Village for 'other purposes' under the Kerala Land Utilisation
Order. Other conditions were also mentioned. As per Clause 4 of the order,
it is mentioned that the applicant will be liable to pay the amount, if revenue
records as to the character of the land is to be changed in the revenue
records, if it is so necessary.
It is brought to my notice that in view of the amendment of the Paddy
Land Act as per Ordinance No.41/17, certain changes have been
incorporated in the 2008 Act.
Section 14 of the Act as it originally stood, prohibited the Local Self
Government authorities to issue the building permit, for carrying out any
2. construction activities in a paddy land or wet land converted or reclaimed in
violation of the 2008 Act. However, by Section 10 of the amending
Ordinance, Section 14 of the parent Act is amended. As per Section-14, as it
now stands, the local authority cannot grant licence/permit for carrying out
construction activity in any 'unnotified land' also. Section 3 of the
amendment Ordinance, incorporate the definition of 'unnotified land'. As per
Section 3 of (xxvii) of the Ordinance, unnotified land means land which is
included as paddy land or wet land in the Basic Tax Register, but are not
notified as paddy land or wet land in the Data Bank. In view of the
amendment to the parent Act, no construction activity can be made even in
land which was mentioned as paddy land or wet land in the revenue
records, but has ceased to be paddy land, before the commencement of the
Paddy Land Act 2008 and is not included in the data bank.
Hence, there is a statutory injunction against the local authorities
from giving building permit for unnotified land means land which was not
mentioned in the Data Bank as paddy land, but was included in the revenue
records as paddy land or wet land.
Section 27A (3) of the Paddy Land Act which brought about the
amending ordinance provided for change in the character of land in the
revenue records. If the application for conversion is allowed under 27A, the
character of the land in the revenue records can be changed from paddy
land to purayidam, by paying the necessary fee, in view of Section 27 A(3) of
the Act as amended by the notification. After such change in character of
land in the revenue records the land will be ceased to be 'unnotified land' as
defined in Section 3 (xxvii) of the Act.
There are large number of instances where the Honourable High Court
of Kerala has directed the Sub Collectors/Revenue Divisional Officers for
considering the application under Clause 6 of the Kerala Land Utilisation
Order. As a matter of fact, the power of the Revenue Divisional Officer
under the Kerala Land Utilisation Order is even now in force.
3. However, even if the Revenue Divisional Officer passes an order
permitting use of any paddy land mentioned in the revenue records, for use
of "other purposes", including construction of the building, no b uilding
permit can be granted by the local authority, in view of the amendment of
- Section-14 ofthe Paddy Land Act by the Ordinance.
Since there are positive directions of the Honourable High Court in
any cases to pass.C4r4v.ori'the Kerala 'Land Utilisation applications, I am
of the view that •Revenue DiVisional bffielt-fras toapaIS§ orders under the
Kerala Land Utilisation Order itself, especially since no rules are prescribed -
for filing application under 27A of the amended Act. HOweVer, while
passing such order, under Clause 6 of the Kerala Land Utilisation
Order, the Revenue Divisional Officers/Sub-Collectors shall mention
that for obtaining building permit, the character of the land can be
changed from paddy land to purayidam, in view of amended Section 14
of the paddy land Act r/w 27A(3) of the amended Paddy Land Act.
I am of the opinion that, if such Clause is also incorporated and the
Kerala Land Utilisation Orders are passed, the directions of this Honourable
Court can be complied with so that Contempt of Court proceedings can be
avoided, and the spirit of the amended act followed
Thanking you,
Yours faithfully,
RanjithThampan
Additional Advocate General
PI