Ramla P.A vs Revenue Divisional Officer
2021 Latest Caselaw 5581 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                       WP(C).No.26352 OF 2020(T)


PETITIONER:

               RAMLA P.A.
               AGED 56 YEARS
               KADAVATH HOUSE,
               EDAYAPPURAM P.O.,
               ALUVA,
               ERNAKULAM DISTRICT,
               PIN - 683 101.

               BY ADV. SRI.SUJITH MATHEW JOSE

RESPONDENTS:

      1        REVENUE DIVISIONAL OFFICER
               MUVATTUPUZHA,
               ERNAKULAM DISTRICT,
               PIN - 686 669.

      2        VILLAGE OFFICER
               VELLURKUNNAM VILLAGE,
               ERNAKULAM DISTRICT,
               PIN - 686 669.

               R1-2 BY GOVERNMENT PLEADER

               SMT.G. RANJITA - GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26352 OF 2020(T)

                                     2

                       W.P.(C) No.26352 of 2020
               -----------------------------------------------

                             JUDGMENT

Petitioner holds a land measuring 8.90 Ares in

Survey No.864/11-3 of Vellurkunnam Village. The land of the

petitioner is shown in the revenue records as 'Nilam'. The

same, however, is not included in the data bank prepared

under the Kerala conservation of Paddy Land and Wetland Act,

2008 (the Act). The land therefore falls within the definition of

'un-notified land' in terms of the provisions of the Act. In order

to make use of the said land for other purposes, the petitioner

has preferred an application for permission under Section 27A

of the Act. On the said application, having satisfied that the

land of the petitioner would fall within the definition of 'un-

notified land', the first respondent has called upon the

petitioner to pay a sum of Rs.42,72,000/- towards the fees

payable by her under Section 27A(3) of the Act. Ext.P5 is the

communication issued in this regard by the first respondent.

Ext.P5 is under challenge in the writ petition.

2. The case set out by the petitioner in the writ WP(C).No.26352 OF 2020(T)

petition is that she is liable to pay only 20% of the fair value of

the land towards fees under Section 27A(3) of the Act. It is

stated by the petitioner that the fair value of the land of the

petitioner is only Rs.3,75,000/- per Are and the fees payable

by the petitioner under Section 27A(3) of the Act is therefore,

only 20% of the said amount and the fees has been computed

and mentioned in Ext.P5 communication, reckoning the fair

value of the land at Rs.12,00,000/- per Are.

3. A statement has been filed on behalf of the

respondents. The stand taken by the respondents in the

statement is that though the fair value of the land of the

petitioner is only Rs.3,75,000/- per Are, as the land of the

petitioner is similar to the adjacent land, the fair value of

which is Rs.12,00,000/-, in the light of Act 8 of 2020, fees has

been computed reckoning the fair value of the land at

Rs.12,00,000/-per Are.

4. Heard the learned counsel for the petitioner

as also the learned Government Pleader.

5. It is seen that the petitioner has preferred the

application under Section 27A of the Act on 01.08.2019. In WP(C).No.26352 OF 2020(T)

Ajith Kumar Shenoy v. Revenue Divisional Officer, 2020

(5) KLT 683, this Court held that the fees payable for the

application under Section 27A(3) of the Act is to be computed

in terms of the provisions of the Act and the Rules made

thereunder prevailing as on the date of the application. As on

the date of the application, the requirement of the fees was as

provided for under Rule 12(9) of the Kerala Conservation of

Paddy Land and Wetland Rules (the Rules). Rule 12(9) of the

Rules provides that the fees payable shall be the fees as

specified in the Schedule to the Rules. The Schedule to the

Rules provides that the fees payable in respect of a land

situated within the limits of the Municipality is 20% of the fair

value. The expression 'fair value' was then defined in the Act

as the fair value of the land fixed under Section 28A of the

Kerala Stamp Act, 1959 or where the fair value of the land has

not been fixed, the fair value of the land fixed for similar and

similarly situated land. As far as the land of the petitioner is

concerned, Ext.P4 communication issued by the Village

Officer indicates that the fair value of the land is fixed at

Rs.3,75,000/- per Are. In other words, the petitioner is liable WP(C).No.26352 OF 2020(T)

to pay fee only at the rate of 20% of Rs.3,75,000/- per Are.

6. True, in terms of Act 8 of 2020, the definition

of 'fair value' in the Act has been amended enabling the

competent authority to determine the fees payable under

Section 27A(3) of the Act based on the fair value of the

adjacent similar land, if the fair value of the said land is

higher. As indicated, Act 8 of 2020 does not have any

application to the facts of the present case, as the application

has been filed by the petitioner under Section 27A of the Act

long prior to the coming into force of Act 8 of 2020.

In the result, the writ petition is allowed and Ext.P5

communication, to the extent it directs the petitioner to pay

Rs.42,72,000/- by way of fees under Section 27A(3) of the Act

is quashed and the first respondent is directed to recompute

the fees payable by the petitioner as indicated in paragraph 5

of this judgment and issue appropriate communication to the

petitioner so as to enable her to obtain permission under

Section 27A of the Act. This shall be done within one month.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV WP(C).No.26352 OF 2020(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PARTITION DEED NO.2733/2015 OF MUVATTUPUZHA SRO.

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT FOR THE PERIOD 2020-21.

EXHIBIT P3         TRUE COPY OF THE SECTION 27A
                   APPLICATION DATED 01/08/2019.

EXHIBIT P4         TRUE COPY OF THE ENQUIRY & FAIR VALUE
                   REPORT OF THE 2ND RESPONDENT DATED
                   24/08/2019.

EXHIBIT P5         TRUE COPY OF THE PROCEEDINGS DATED
                   08/09/2020 OF THE 1ST RESPONDENT.

EXHIBIT P6         TRUE COPY OF THE FAIR VALUE EXTRACT OF
                   THE COMMERCIALLY IMPORTANT PLOTS IN
                   SY.NO.864 OF VELLURKUNNAM VILLAGE.