Response
The Kerala government has regularised the reclamation and conversion of paddy fields taken before 2008.
With this move, the state government hopes to collect additional Rs 200-crore revenue. It has already ordered district collectors to process the applications for the conversion process.
The governmentÕs move comes after an amendment to the legislationÑthe Kerala Conservation of Paddy Land and Wetland Act passed in 2008. Initially, the Act was passed to conserve and protect paddy fields and wetlands in the state.
The Act also prohibits leaving rice fields fallow or using them for other purposes without the permission of a district-level or a state-level monitoring committee.
The reclamation clause, which has been inserted in the Kerala Finance Bill, 2015, states that paddy fields and wetlands reclaimed before 2008 can be regularised after securing 25 per cent of the fair value of the land from owners. It was tabled in the Assembly on July 27, 2015.
The Bill presented by state Finance minister K M Mani was passed without voting since the Opposition members staged a walk out even before it was tabled.
However, the Congress government had to face severe criticism from its own members T N Pratapan and V T Balram, who alleged that it had yielded to pressure from the land mafia.
Procedure:
a) Application no: 6 to be submitted to RDO for conversion for verification.
b) Since RDO has large number of application , it is better we get a court order to RDO to pass the order with in 6 months. ( It will take 2 weeks to get the court order). If RDO does not pass the order with in 6 months , another Contempt to court will need to be filled in the personal name of the RDO so that the order is passed immediately
c) Once the order is Passed , the applicant needs to fill up Form 27A and deposit 30% of the fair value by demand draft.
d) The RDO will make the changes in the BTR and copy of the BTR will be obtained by you.
e) Possession certificate to be applied and it will reflect that the land is Dry land
f) Land tax to be paid there after for Dry Land and land tax receipt will be obtained by you.
g) Once the conversion of land is done , there is no current rule that a house / building is constructed with in any specific period of time
h) The time required for the above process is 6 to 12 months from the date of submission of the application no: 6
Reference: The Kerala Conservation of Paddy Land and Wetland Act, 2008.
Case law:
1) Muhammed Zainul Abdeen vs The Village Officer on 28 March, 2005
2) Saji Joseph vs Taluk on 27 January, 2010
30 Abdul Rasak vs State Of Kerala
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