: The Kerala High Court on Thursday held that local bodies should not grant building permits if the paddy land or wetland on which the building was to be constructed had been reclaimed in violation of the provisions of the Kerala Conservation of Paddy Land and Wetland Act 2008.
Justice Dama Shashadri Naidu also ruled that if the conversion had been effected prior to August 12, 2008, the date on which the Act came into force, the Kerala Land Utilisation Order would apply to such land and the local bodies could entertain the application for building permits if the authorities under the KLU had allowed reclamation of the paddy land or wetland.
The court made the ruling while disposing of a batch of writ petitions filed by a person from various parts of the State challenging the refusal by the local authorities to grant them licence for building constructions on their reclaimed land.
The Kerala Conservation of Paddy Land and Wetland Act stipulated that the local-level committee could recommend to the district-level and State-level committee reclamation of paddy land or wetland for public purpose or for the construction of a residential building for the owner of the paddy land.
The Kerala Land Utilisation Order, which had empowered the State government to permit conversion of land for construction of houses for individuals up to 5 cents, held the ground before the wetland Act came into force.
The court turned down the contention of the petitioners that as their paddy land was not included in the land data bank, it could be treated as non-agriculture land and no further discretion was vested with the local authorities to refuse building permits.
No nod for projects that violate provisions of Act
Act stipulated that panel can recommend reclamation of land
