S. 27A Kerala Wetland Act | Conversion Fees Exempted For Property Less Than 25 Cents Purchased Even After 2017 Cut-Off: High Court

The Kerala High Court recently declared that the fees prescribed under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 with respect to conversion of a property purchased after December 2017, cannot be insisted if the property measures less than 25 cents.

Bench of Justice Anu Sivaraman rejected the contention that 'any property' purchased after December, 2017 would lose the exemption even when the said property was less then 25 cents, even prior to the transaction. It observed,

"A reading of the provisions of the Act, the Rules, the Schedule as well as Ext.R3(a) Government Order would make it amply clear that the exemption would be lost only in case there is a transaction after 30.12.2017 by which, a property having a larger extent is fragmented to make the individual parcels of land of an extent of less than 25 cents."

The bench was referring to Kerala Conservation of Paddy Land and Wetland Rules, 2008 and the Schedule thereunder.

It was the case of the petitioners that since the property in respect of which they are owners in possession was below 25 cents, they would be entitled to consideration of their Form 6 applications, without payment of any fee as provided in Section 27A of the Act, 2008 and Rule 12(9) and the Schedule to the Rules, 2008. It was submitted by the petitioners that the respondents were refusing to consider the application on the ground that the properties were purchased on a later date and that the fees would thus have to be paid. 

It was argued by the Revenue Divisional Officer that the exemption from fee payment for the conversion of the property is only for specific extents of property which are below 25 cents each. It was pointed out that since the petitioners had purchased the properties after 2017, they would not be entitled to the exemption. "Even if properties having a lesser extent is purchased after 2017, the benefit of conversion without fee will be lost," it was argued. 

It is in this context that the Court perused Section 27A of the Act, 2008, Rule 12(9) of the Rules, 2008, and the Government Order and Circular that were issued. 

The Court thus went on to observe that a reading of the above would "make it amply clear that the exemption would be lost only in case there is a transaction after 30.12.2017 by which, a property having a larger extent is fragmented to make the individual parcels of land of an extent of less than 25 cents". 

It was accordingly, held that the contentions raised by the respondent were untenable, and the communications that were issued which did not have the force of law due to not being in the nature of a circular or a Government Order, could not stand in the way of consideration of the application. 

"These writ petitions are, accordingly, ordered directing the RDO to pass appropriate orders on the Form 6 applications submitted by the petitioners without insisting on the payment of fee. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment," the Court held while allowing the petition. 

 The petitioners in W.P. (C) No. 3538/ 2023 were represented by Advocates Jacob Sebastian, K.V. Winston, Anu Jacob, and Divya R. Nair. The petitioners in W.P. (C) No. 4450/ 2023 were represented by Advocates S. Sreedev, Enoch David Simon Joel, Rony Jose, Leo Lukose, Karol Mathews Sebastian Alencherry, Derick Mathai Saji, and V.T. Kavitha. Government Pleader Parvathy K. appeared on behalf of the respondents. 

Case Title: Sumesh U. & Anr. v. The Revenue Divisional Officer, Palakkad & Ors. and Saresh Sanker & Anr. v. State of Kerala & Ors. 

Citation: 2023 LiveLaw (Ker) 180 

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