Kerala Paddy Land Act - Supreme Court Stays HC Order Holding That Land Over 25 Cents Can Be Converted By Paying Fee Under Section 27A

The Supreme Court has stayed the order of the Kerala High Court that properties in excess of 25 cents can be converted from paddy land as per Section 27A of the Paddy Land Act by paying the fee for the land in excess of 25 cents. The High Court had held that 25 Cents would be excluded for computation of conversion fee under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008.

A bench of Justice CT Ravikumar and Justice Sanjay Kumar of the Apex Court, stayed the order of the High Court division bench in an appeal filed by the State. The Apex Court also stayed the order in the review petition filed by the state, which was dismissed by the High Court. 

A Division Bench of the High Court comprising Chief Justice A.J. Desai and Justice V.G. Arun had passed the impugned Order in an appeal filed by the Government challenging the order of the Single Judge of the High Court. The High Court had 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 before the High Court (respondent in appeal), 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 him that such refixation was not possible, in accordance with a Government Order in this regard.

The petitioner had 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 had averred that the authority would have to exclude the 25 cents, while computing fees for property in excess of 25 cents.

The Single Judge had 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 approached the division bench of the High Court. The division bench affirmed the Single Judge's finding.

Sr. Adv. P.N. Ravindran, AOR Nishe Rajen Shonker, Adv. Anu K Joy, Adv. Abraham Mathew, Adv. Alim Anvar appeared for the petitioners.

Case Title: STATE OF KERALA V. MOUSHMI ANN JACOB, Petition(s) for Special Leave to Appeal (C) No(s). 25736- 25737/2023

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