1. To what type of agricultural lands the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (Act 2008) applicable ?
The Act is applicable only to paddy land and wet land alone. After the coming into force of the Act on (12-8-2008) the person in custody of the paddy land and wet land shall not undertake any activity for conversion or reclamation of such wet land.
2. What the permitted activities for paddy land under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and what is the procedure for /
In paddy lands the cultivation of any intermediary crops is permissible without changing the ecological nature of the paddy land and strengthening of the outer buds for protecting the cultivation. But the owner of paddy land can make application for reclamation if such activity will not adversely affect the ecological condition and such cultivation in the adjoining paddy land. The owner of paddy land or his family does not own a suitable land for the purpose. For constructing building for one’s own purpose and such paddy land is not surrounded by any other paddy lands. Such permission has to be obtained from the District Level Authorised Committee.The conversion can be for residential building or even an industry. [Sunil vs. Killimangalam. 2012 (4)KHC 568.]
If the reclamation is for any public purpose, the Government is empowered to grant exemption from the provisions of this Act,2008.
3. What are the permitted activities in wet lands under the Kerala Conservation of Paddy Land and Wet Land Act, 2008?
The slurry and mud can be removed from the land to maintain the ecological condition of the wet lands. The application for removal of clay has to be dealt with carefully and to see that the land is not being reclaimed under the licensing period.
4. What will happen to application made under the Kerala Land Utilisation Order ?
The application made for conversion under the KLU Order, pending after the coming into force of the new Act, 2008, (came into force with effect from 12-8-2008), a finding has to be rendered as to what type of land it is. If it is cultivated with crops other than Paddy, then it has to be dealt with under the KLU Order. Otherwise the application has to be dealt with under the Act, 2008. [Praveen vs Land Revenue Commissioner. 2010(2) KLT 617.]
5. Whether the description of property as "Nilam" (paddy land) in the revenue records (Thandaper) is indicative of the nature of land ?
Mere description of land as "Nilam" or paddy land in the Revenue Records is insufficient to assume that the land cannot be used for any purpose other than those for which the paddy land or wet land can be used. The ground realities and not on any quality or type of land , depending on its description on the title is relevant. [Shahanaz Shukkoor vs Chelannur Grama Panchayat. 2009 (3) KLT 899.]
6. Whether building permit can be rejected for the reason that in the title deed the property is described as paddy land (Nilam) ?
Building permit cannot be rejected for the reason that the property is described as paddy filed in it and in the Revenue Records. [Smijo.K.Sunny vs. State. 2012 (4) KHC 909.]