2018 Amendment To Kerala Paddy Land Act Applicable Only To Conversion Applications Filed After Dec 30, 2017 : Supreme Court
The Supreme Court has held that the 2018 amendment made to the Kerala Conservation of Paddy Land and Wetland Act, 2008, which came into effect from 30.12.2017, is applicable only to applications for conversion of land which are filed after 30.12.2017.The previous applications, which were pending when the 2018 amendment came into force, should be decided as per the un-amended regime, the...
The Supreme Court has held that the 2018 amendment made to the Kerala Conservation of Paddy Land and Wetland Act, 2008, which came into effect from 30.12.2017, is applicable only to applications for conversion of land which are filed after 30.12.2017.
The previous applications, which were pending when the 2018 amendment came into force, should be decided as per the un-amended regime, the Court clarified.
The 2018 amendment introduced significant changes to the Paddy Land Act, including a condition to pay a fee in proportion to the fair value of the land for conversions. As per the amendment, the fee was applicable for conversion of "unnotified lands" as well, which are lands notified as paddy land in the basic tax register but are not notified as paddy lands.
The Supreme Court did not delve deep into the question whether the amendment is retrospective or retroactive for the reason that the amendment act itself specified that it will come into force from 31.12.2017 only.
"At best, the new conditions inserted through the 2018 Amendment Act can, therefore, be enforced qua those applicants only, who applied for the conversion of their lands after 30.12.2017. In other words, all those applications which had been submitted prior to the amended Act coming into force, shall be governed by the conditions contained under the unamended statutory scheme," observed a bench comprising Justice Surya Kant and Justice Ujjal Bhuyan.
The bench also referred to Section 27A(13) of the Amending Act, which mandates that the applications moved after the Amending Act has come into force, shall be decided as per the newly amended provisions.
"This provision, in our considered opinion, clarifies by implication that such applications which were moved before 30.12.2017, will have to be adjudicated as per the unamended Act," the bench observed.
With this clarification, the bench dismissed the appeal filed against the Kerala High Court's judgment, finding no infirmity in the impugned judgment.
Case : The Tehsildar and Another v. Renjith George
Citation : 2024 LiveLaw (SC) 1052