Property wrongly included in databank can be removed
If a property, which is unfit for being included in the Data Bank, is wrongly included in it, then the aggrieved person is at liberty to file an application for removal of the property from the data bank, prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008, on the ground of wrong inclusion. Then the Revenue Division Officer (RDO) will examine the matter and issue appropriate orders.
This is what the High Court of Kerala (HC) says in the judgement in RDO v Poothotta Resorts Pvt Ltd [ 2023(1) KLT 155].
Principle of exclusion from databank
The exclusion or inclusion of a land in the databank is done based on the character and fitness of the land as paddy land or wetland, as on 12th August 2008. It was the date on which the above law was enacted.
Paddy land is the land where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow.
Wetland is the land lying between terrestrial and aquatic systems where land is covered by standing water or sluggishly moving water and includes back waters, estuary, fens, lagoons, mangroves, salt marsh and swamp forests but does not include paddy lands or rivers.
Procedure for filing application
If the land is a garden land, but not paddy land or wet land, as on 12th August 2008 and wrongly included in the databank, the concerned person can apply for deletion or exclusion of the wrongly included entry of such property from the databank.
The application must be filed in Form 5 appended to the Kerala Paddy Land and Wetland Conservation Rules 2008. Then the Revenue Divisional Officer (RDO) – the statutory authority under the Conservation of Paddy and Wetland Act and Rule 4 (4d) of the Conservation of Paddy and Wetland Rules, 2008 shall examine whether it is a wrong inclusion of property in the data bank.
If it is a wrong inclusion the RDO should pass appropriate orders within 2 months, says the HC.
Changes to be made in the land tax register
On production of the order, the authority under the Kerala Land Tax Act 1961 is required to issue orders and make changes in the land tax register in accordance with the act, within one month, the judgement says.
Further reading
