The petitioner is the owner and in possession of 5 cents of land in Re-Survey No.296/1 in Block No.24 of Akathethara Village in Palakkad District. The petitioner approached the Local Level Monitoring Committee for the purpose of constructing a residential building. The Local Level Monitoring Committee did not recommend this for the reason that it is part of paddy field. The District Level Authorised Committee also rejected it. Thereafter, the matter was taken in appeal before the Government. The Government also affirmed the Order.
2. The reason for rejection is that if the petitioner is allowed to reclaim the land, it would affect the adjoining land and others would also reclaim the land. It is also noted that this may affect biodiversity and ecology. It is further noted that there is a water channel and flow of water will be W.P.(C) No. 27903/2014 -2-
diverted. Section 5(3) of Act 28 of 2008 provides that filling of the paddy land is permissible to the extent of 10 cents in Panchayath and 5 cents in Municipalities for constructing residential building by the owner of the paddy field. Therefore, there is no impediment in law in allowing to put up a residential building in the paddy field.
3. The apprehension that other paddy field owners also would reclaim the paddy, cannot be a reason to deny the petitioner's right under the Act to reclaim the land for the purpose of construction of a residential building. The very purpose of such provision will be defeated if such a condition is imposed for granting the permission. It is for the authorities to safeguard and protect the provisions of the Act when illegal reclamation is made. However, a water channel is flowing through the side of the petitioner's property, that shall not be permitted to be reclaimed as the same would affect the nearby paddy fields, as the objective W.P.(C) No. 27903/2014 -3-
of the Act is to conserve the paddy fields and such a reclamation of any thodu or water channel would be contrary to the objective of the Act. Therefore, after ensuring that no water channel or thodu would be affected by reclamation, then permission can be granted to the petitioners.
4. In view of the matter, the impugned orders are set aside. The District Level Authorised Committee, after imposing necessary conditions to safeguard the adjoining land and water channel, shall grant the permission. The site inspection shall be conducted to ensure that reclamation shall not affect the condition of the adjoining paddy field. Needful shall be done within a period of three weeks.
The Writ Petition is disposed of accordingly.
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A. MUHAMED MUSTAQUE, JUDGE jjj