The petitioner has approached this Court challenging Exts.P4 and P13 proceedings initiated under the Act 28 of 2008 for restoration of the land to its original position. It is found that the petitioner has reclaimed the land in contravention of Act 28 of 2008. The petitioner's case is that this property is reclaimed land before Act 28 of 2008 and by appearance this property can be treated as dry land.
2. In the matter a counter-affidavit has been filed by the second respondent. It is stated that as per the draft data bank an extent of 1.10.80 Hectares of wetland in Survey No.234/2 of Eraviperoor Village was converted as dry land before 12.8.2008. It is also submitted that in the draft data bank the property is shown as nilam and was converted as nilam in the draft data bank. In the counter- affidavit filed before this Court the second respondent has WP(C).No.14142/2014-P.
2 no case that this property is classified as nilam or wet land. On the other hand it is seen from the counter-affidavit this property was converted before Act 28 of 2008. In view of the above the impugned orders are set aside.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
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