Kerala High Court
Almas Aurangazeeb vs Revenue Divisional Officer on 25 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA,
1942
WP(C).No.26350 OF 2020(P)
PETITIONER:
ALMAS AURANGAZEEB,
AGED 50 YEARS, PEZHAPPILLY HOUSE,
MADAKKATHANAM P.O., ERNAKULAM DISTRICT,
PIN - 686 670.
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.
SRI.RARI KRISHNAN GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.02.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.26350/2020 ..2..
W.P.(C) No.26350 of 2020
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JUDGMENT
Petitioner holds a land measuring 6.07 Ares in Survey
No.864/11-4 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.29,13,600/- 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.
W.P.(C)No.26350/2020 ..3..
2. The case set out by the petitioner in the writ 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 Ajith
W.P.(C)No.26350/2020 ..4..
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 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
W.P.(C)No.26350/2020 ..5..
'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.29,13,600/- 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
YKB
W.P.(C)No.26350/2020 ..6..
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PARTITION DEED
NO.2733/2005 OF MUATTUPUZHA 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.
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY//
PA TO JUDGE
