Title of the case: K.C.C. Buildcon Pvt. Ltd. v. Govt. of Kerala & Ors. and connected matters
Decided on October 5, 2023.
Case Numbers: W.P. (C) No. 21017/ 2023 and W.P. (C) No. 22746/ 2023
CORUM: HON’BLE JUSTICE N. NAGARESH
Introduction
The single judge bench of Hon’ble Justice N. Nagaresh of the Kerala High Courts gives the permission of the temporarily conversion on Paddy lands and Wetlands or the project of making 6 lane high way under the project of National High Way Authority of India (NHAI) and ensures that this project is for the sake of the development of the state and it’s a necessary and urgent task to do and thus is under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The Court added that the effect of conversion or reclamation on the ‘ecological conditions in the area’ is not a relevant factor under the amended provision.
Facts of the case
The National Highway Authority of India (NHAI) accepted the bid of the petitioner for the work of development, maintenance and management of “Six-laning of Thurvavoor-Paravoor Section of New NH-66 (Old NH-47) in the State of Kerala on EPC mode under Bharatmala Pariyojana” and issued letter of acceptance dated15.11.2021.The petitioner had identified land measuring 66,000 square metres by the side of the Project Highway for establishing a Base Camp, and for which a Memorandum of Understanding (MoU) was executed with each of the land owners for use of the same. Out of 66,000 square metres 55,341 square metre land were included under the data bank prepared under Kerala Conservation Paddy land and Wetland Act, 2008. Since the request was made to the district collector to seek permission for the use of land for the public purpose. According to the village officer’s report the land was not used for the Paddy cultivation for more than 30 years and there are numerous trees standing there including coconut tress also. And for the last 8 years no cultivation reported on the land. The police officer also reported that request for the reclamation of the land would have routed through Local Level Monitoring Committee (LLMC)
Courts observation
The has observed that state level committee which is composed of experts of the particular field, had gone through the material facts and circumstances of the matter and thoroughly scrutinizes the application for conversion of the land for the purpose of the base camp and other use which is needed for the completing the High Way project within stipulated time on conditioned that land would be restored to its original position in a same manner and district collector ought to monitor all the activities and restoration work. The court has also observed that the amendment in the Conservation ACT, is intended to strike the balance between protection of Paddy Land and Wetland one the one side and public purpose including public infrastructures on the other hand.
The fact that Stop Memos were issued earlier against illegal conversion of the same paddy land by itself cannot be the reason to deny exemption for a public purpose.
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Written by: Aamir Hussain
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