2015 AIR SCW 2221 ::AIR 2015 SC (Supp) 1503

Supreme Court Of India

Hon'ble Judge(s): V. Gopala Gowda, R. Banumathi , JJ

Kerala Conservation of Paddy Land and Wetland Act (28 of 2008) , S.3, S.2(xii), S.2(xvii), S.13— Kerala Land Utilization Order (1967) , Cl.2(a)— Kerala Land Tax Act (13 of 1961) , S.18— Paddy Land or wet land - Conversion to other use - Is governed by provisions of 2008 Act and Order - Nature of Land cannot be converted by directing change in basic tax Register by exercising powers under S. 18 of 1961 Act. If a property is included in the Data Bank or the Draft Data Bank prepared under the Wet Land Act, 2008 as a 'Paddy Land' or 'Wetland' and the classification of land is noted as 'Nilam' in revenue records, the provisions of the Act 28/2008 would apply. There is ample provision within the Act to grant permission for use of such land for residential purpose or public purpose as defined in the Act. If the property is not included in the Data Bank as 'Paddy Land' or 'Wetland' as defined under Act 28/2008, it is still governed by the provisions of KLU Order, 1967. The State of Kerala thus has two statutes-KLU Order, 1967 and Kerala Cultivation of Paddy Land and Wetland Act, 2008 each dealing with delineated areas with respect to preservation, management and process of reclamation of agricultural and paddy land for any other legitimate use. Statutory enquiry to ascertain whether the land is a 'Paddy Land' or 'Wetland' and conversion of the land for residential p....