Paddy Land Act | Can't Dig Wells On Paddy Land For Commercial Purposes: Kerala High Court

Justice Bechu Kurian Thomas added that if water was drawn out from paddy lands for commercial purposes, then the original water level could not be maintained, thereby causing reclamation under Section 2(xv) of the Act (irreversible conversion of the paddy land). 

"Once the water from a paddy land is drawn out for commercial purposes, the original water level will not be able to be maintained, thereby making it impossible to revert back to the original condition by ordinary means. Therefore, this Court holds that the construction of a well in a paddy land, for purposes unconnected with paddy cultivation amounts to conversion and reclamation falling within the purview of a prohibited activity under section 3 of the Act." 

The petitioner intends to set up a manufacturing unit for packaged water. The land in question falls under the category of "nilam" and is listed in the data bank. 

 The Kerala Ground Water Department confirmed its suitability for an open well with specific dimensions based on tests they conducted. The petitioner subsequently applied to the Panchayat for a No Objection Certificate (NOC) for the project. However, the Panchayat stated that approval from the Revenue Divisional Officer was required, and as per Rule 75(1) of the Kerala Panchayat Building Rules, prior permission from the Panchayat was also essential for constructing a well.

Simultaneously, the petitioner sought to remove her land from the data bank under the Kerala Conservation of Paddy Land and Wetland Act, 2018. However, she received an intimation from the Ground Water Department that the NOC from the Grama Panchayat was necessary for considering her application to use groundwater for the project. In response to these circumstances, the petitioner filed this writ petition to quash the Panchayat's communication dated 14.07.2022 and to obtain a direction for the Panchayat to issue an NOC.

The Panchayat argued in a counter-affidavit that the petitioner was attempting to misuse the NOC obtained for digging a well in dry land and use it for paddy land located in a different survey number. They claimed that this action was in violation of environmental rules and the Objects and Reasons of the Act, which aim to preserve paddy lands and wetlands. The counter-affidavit further stated that using paddy land for commercial well construction was not contemplated under the Act and that such activities would deplete the water source.

The Court  observed that paddy lands and wetlands play a crucial role in maintaining ecological balance and supporting various ecosystem services. 

“Paddy lands and wetlands play a significant role in the ecological balance. They are a vital part of the hydrological cycle and are highly productive ecosystems which support rich biodiversity, providing for the numerous services of the ecosystem such as water storage, water purification, flood mitigation, erosion control and even aquifer recharge. The large-scale conversion of paddy fields will result in enormous ecological degradation, leading to intensification of soil erosion, affecting the fertility of soil and reduction of groundwater levels in wells, ponds and even rivers.”

The Court noted that the conversion of paddyland or wetlands for human activities has also resulted in climate variations in the State. It noted that the State enacted the Kerala Conservation of Paddy Land and Wetland Act, 2008, to preserve these lands.

The objectives of the Act, as stated in its Statement of Objects and Reasons, emphasize the need to safeguard paddy cultivation and the ecological functions of wetlands. The Act defines paddy land and sets out the activities that are considered part of paddy land, such as the construction of bunds, drainage channels, ponds, and canals. This definition is tied to activities connected with paddy cultivation.

It observed that the decision in Shaju C.J. v State of Kerala (2022) was not applicable to the facts of this case because therein permission sought for digging a well in paddy land was not for commercial purposes. In that case, it was held that digging of well or a pond inside a paddy land would not amount to conversion or reclamation as it was not for commercial activity.

The Court further stated that digging a well for commercial purposes, especially the extraction of groundwater for manufacturing packaged drinking water is not related to paddy cultivation. Such activities would irreversibly alter the land's original condition, contrary to the purpose of the Act. Therefore, the construction of a well in paddy land for unconnected purposes amounts to the conversion and reclamation of paddy land, which is prohibited by the Act.

“If the digging of a well, pond or bund, as contemplated under the Act, has to be permitted, it must be an activity connected with paddy cultivation and not for any extrinsic purposes. As is clear from the definition, the construction of bunds, drainage channels, ponds and canals must be an allied activity of the paddy land and not otherwise. A well to be constructed inside a paddy land must therefore satisfy the aforestated parameter.”

The Court also stated that as per Rule 75(1) of the Kerala Municipality Building Rules 2019, permission of Panchayat was necessary before constructing a well. It observed that earlier permission was given to the petitioner for digging well in dry land and not in paddy land.

With these observations, the Court dismissed the petition and stated that the relief sought by the petitioner could not be granted.

Counsel for the Petitioner: Advocate Chitra Johnson and Johnson Varghese

Counsel for the respondents: Senior Government Pleader K. Amminikutty and Advocate Sunu P. John

Citation: 2023 LiveLaw (Ker) 582

Case title: Hema Anil v State of Kerala

Case number: WP(C) No. 23660 Of 2023

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