Include only paddy & wetland
The final Data Bank to be prepared in Kerala should contain only the details of the property which are paddy land and wetland as shown on the date on which the Conservation of Paddy Land and Wetland Act 2008 (2008 Act) came into force, says Kerala High Court in Basil v Local Level Monitoring Committee.
The Act, Rules, GO or Form show no provision
There is absolutely no provision in the Form prescribe for preparation of the final Data Bank, the 2008 Act, and its Rules of 2008, and in the Government Order No G(O) 4592/17/Rev dated 31-10-2017, to include any other kind of property other than paddy land or wetland, in the data bank. Its clause 11 specifically mandates that it should include only properties which come under the definition of paddy land and wetland.
Not to include converted land
The above government order states without any doubt that entries like converted land need not be entered in the data bank and the officers mention therein – the Agriculture Officer and the Village Officer – are duty bound to conduct a site inspection and be appraised of the above factual situation so as to remove such illegal entries in the Data Bank.
Dealing with properties which are not paddy or wetland
In addition, the Government in Circular No 46848/P1/2016/Rev dated 22-12-16 specifically mentions the directions as to how to deal with properties which do not come within the purview of the paddy and wetland at 2008, but which are shown as Nilam in the BTR. The Circular in its clause 7(ii) specifically mandates only the properties which are included in the data bank as paddy and wetland are to be treated as paddy land and wetland and the properties which were converted prior to 2018 and entries were made in the Data Bank as converted containing aged trees including coconut trees should be dealt with only under the KLU Order.
References
- Basil v Local Level Monitoring Committee [ 2024(1) KLT6]
- Salim CK & Another v State of Kerala & Another [2017 (1) KLT 392]
- Anand Louis v Haaris Rasheed [2022(1) KHC 554]
- Ann Mathew v Revenue Divisional Officer [ 2022 (6) KLT 93]
- Kerala Land Utilisation Order, 1967 (KLU Order)
- Conservation of Paddy Land and Wetland Act 2008
- Conservation of Paddy Land and Wetland Rules 2008
