Paddy Land Act - 25 Cents To Be Excluded To Compute Conversion Fee Under Section 27A : Kerala High Court

As per a recent Kerala High Court decisions, properties in excess of 25 cents can be converted from paddy land as per Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act by paying by the fee for the land in excess of 25 cents.

The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun passed the Order in an appeal filed by the Government challenging the Single Judge's order in this regard. The Court noted that the Single Judge had issued the said directive in terms of the statutory provision, Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act and the schedule of fees thereunder, and thus found no reason to interfere with the same. 

The petitioner herein, who is the owner of 14.5 Ares (36.65 cents) of land, had submitted an application for removal of his property from the data bank, on noting that the property in question had been entered as paddy land in revenue records, although it had actually been lying as dry land for many decades. The petitioner was thereafter served with a notice, requiring him to remit conversion fee of Rs.1,74,814/-, being 10% of the fair value of the property. When he sought refixation of the same, the Revenue Division Officer informed that such refixation was not possible, in accordance with a Government Order in this regard. 

It is in that circumstance that the petitioner approached the Single Judge contending that as per Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, and the Schedule of fee, no fees is payable for conversion up to 25 cents and, for conversion in excess of 25 cents, fee at the rate of 10% is payable only for the property in excess of the 25 cents. He thus averred that the authority would have to exclude the 25 cents, while computing fees for property in excess of 25 cents. 

The Single Judge found merit in the contention raised by the petitioner, and thereby directed the Revenue Divisional Officer to calculate the fee payable on the Form 6 application at the rate of 10% of the fair value of the property for the extent of 4.45 Ares of land by which it exceeds 25 cents.

It is against the same that the Government filed the present appeal. 

The Special Government Pleader S. Renjith averred that the objective of Section 27A is to exempt smallholders having property up to 25 cents from the rigor of the Act. It was thus argued that the benefit of the provision could not be extended to persons like the writ petitioner, seeking conversion of larger extent. The counsel also placed reliance on a Government Order dated February 25, 2021, and submitted that the Order clarified the position.  

Advocate Joby Jacob Pulickekudy however, contended that the provision and the notification fixing the fees was unambiguous, and the contention raised could not be countenanced. 

The Court thus proceeded to affirm the Single Judge's finding. 

"...we find no reason to interfere with the impugned judgment, as the direction therein is issued in terms of the statutory provision and the schedule of fee. Being so, the contention that the objective of Section 27A is also liable to be rejected," the Court observed while dismissing the appeal.

Additional Advocate General K.P. Jayachanran also appeared on behalf of the State. 

Case Title: State of Kerala & Ors. v. Moushmi Ann Jacob

Citation: 2023 LiveLaw (Ker) 376 

Case Number: W.A. No. 983 of 2023

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