whether the order of conversion of land passed by the Tahsildar
under Kerala Land Tax Act would circumvent the provisions of beneficial
legislations such as Kerala Conservation of Paddy and Wetland Act, 2008 and
the Kerala Land Utilization Order, 1967? =
Statutory enquiry to ascertain whether the land is a "Paddy
Land" or "Wetland" and conversion of the land for residential purpose or
for any public purpose is governed by KLU Order or the Kerala Wetland Act,
2008 for conversion of the land from "Nilam" (Wetland) to 'Purayidam' (Dry
Land). The concerned authorities constituted under KLU Order or Kerala
Wetland Act 2008 are the competent authority. Nature of the land cannot
be changed or converted by directing changes in the Basic Tax Register
which is maintained only for the purpose of land tax.
Section 18 cannot be made use or the same cannot be taken as a
means to effect conversion of the nature of the land bye-passing the
competent authority and the procedure stipulated under the KLU Order, 1967
and the Kerala Wetland Act, 2008 and the impugned judgment is liable to
be set aside.
The respondents in all the appeals are directed to approach the
competent authorities constituted under KLU Order 1967/Kerala Conservation
of Paddy Land and Wetland Act 2008 as the case may be for conversion of the
land. =2015 S.C. msklawreports
under Kerala Land Tax Act would circumvent the provisions of beneficial
legislations such as Kerala Conservation of Paddy and Wetland Act, 2008 and
the Kerala Land Utilization Order, 1967? =
Statutory enquiry to ascertain whether the land is a "Paddy
Land" or "Wetland" and conversion of the land for residential purpose or
for any public purpose is governed by KLU Order or the Kerala Wetland Act,
2008 for conversion of the land from "Nilam" (Wetland) to 'Purayidam' (Dry
Land). The concerned authorities constituted under KLU Order or Kerala
Wetland Act 2008 are the competent authority. Nature of the land cannot
be changed or converted by directing changes in the Basic Tax Register
which is maintained only for the purpose of land tax.
Section 18 cannot be made use or the same cannot be taken as a
means to effect conversion of the nature of the land bye-passing the
competent authority and the procedure stipulated under the KLU Order, 1967
and the Kerala Wetland Act, 2008 and the impugned judgment is liable to
be set aside.
The respondents in all the appeals are directed to approach the
competent authorities constituted under KLU Order 1967/Kerala Conservation
of Paddy Land and Wetland Act 2008 as the case may be for conversion of the
land. =