» WETLANDS » Case Laws





Land lying without any agricultural operation for more than 20 years: Application claiming exemption: Procedure to be followed

Authorities shall first consider whether the land is paddy land or wetland. If it is found that it is paddy land, then plea for conversion shall be dealt with in accordance with Act 28 of 2008. If it is found that it is not paddy land or wetland, the application shall be dealt under the provisions of the Land Utilisation Order

[Jayakrishnan vs District Collector and Others - 2008 (4) KHC 514: 2008 (2) KLD 888:2009 (1) KLT 123]

Removal of Clay from paddy fields

Any permission to remove clay from any paddy field should not be dealt with casually. Competent authority should always bear in mind the possibility of the said land being reclaimed immediately after the licensing period and render it suitable for paddy cultivation. Court issuing directions to be followed for removal of clay from paddy fields. Strict compliance of the direction to be ensured by the authorities.

[Kairali Swayam Sahaya Sangam vs State of Kerala and Others - 2009 (2) KHC 312]

Prohibition on reclamation of wet land:

Removal of sand from the paddy land can be done only on the strength of specific permission granted by competent authority under the Act. Any unauthorised removal has to be seriously dealt with.

Lalu C.V. vs Director of Mining and Geology, Kesavadasapuram and Others - 2009 (3) KHC 362.