What is the procedure for permit for sale of reclaimed land?

946 votes

Hi,
Good afternoon.

In this case, if your land is classified as wet land in official records, you need to move a petition before the concerned authorities to change it to the correct classification, stating that it is not actually a wet land. After moving that application, to avoid the delay in processing, you can move a writ petition in the High Court to get it done earliest. Then you have to apply to the panchayath for building permit, and obtain a permission for it. This issue also can be brought before the High Court for a speedy disposal. Hope the points and procedures are clear.

Regards,

PT Sheejish
Advocate,
Ernakulam

Advocate Sheejish P T LawRato

581 votes

You can try to change the classification changed from that of Wet land. With the present classification, it may not possible to get permit for construction of building...

Advocate P Venu LawRato

919 votes

You can try to change the classification changed from that of Wet land. With the present classification, it may not possible to get permit for construction of building.

if your land is classified as wet land in official records, you may approach the concerned authorities constituted under the above statutes, the concerned authorities shall consider the application in accordance with the relevant provisions of the statutes and also the notification G.O.(Rt.) o.157/2002/AD dated 5.2.2002.

Scheme and Object of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short ‘Wetland Act’):- Indiscriminate and uncontrolled reclamation and massive conversion of paddy land and wetland that were taking place in the State led to the passing of the Kerala Conservation of Paddy and Wetland Act, 2008 with an aim to conserve the
paddy land and wetland and to restrict the conversion or reclamation thereof, in order to promote growth in the agricultural sector and to sustain the ecological system in the State of Kerala. Section 3 is the pivotal provision of the Act which prohibits conversion or reclamation of paddy land. As per Section 3, that on and from the date of
Commencement of this Act, the owner, occupier or the person in custody of any paddy land shall not undertake any activity for the conversion or reclamation of such paddy land except in accordance with the provisions of this Act.

Section 13 read with Section 3 provides that District Collector is empowered to order re-conversion of the land only if reclamation or conversion was made after the commencement of the provisions of the Act. The Act provides for a local-level monitoring committee in each panchayat or municipality for monitoring the implementation of the Act.

If the land is not included in the Data Bank or Draft Data Bank prepared under the Kerala Cultivation of Paddy Land and Wetland Act 2008 and if it is not a “Paddy Land” or “Wetland” as defined under Act 28 of 2008, at the time of commencement of the Act 12 of 2008 and the classification of land is noted as “Nilam” in the revenue records, the provision of Kerala Land Utilization Order 1967 will be applicable to such land and the Collector as defined in clause 2(a) of KLU Order 1967 has the power to grant permission to utilize the land for other purposes.

If a property is included in the Data Bank or the Draft Data Bank prepared under the Wet Land Act 2008 as a “Paddy Land” or “Wetland” and the classification of land is noted as “Nilam” in revenue records, the provisions of the Act
28/2008 would apply.

Rectification of mistakes.—At any time within four years from the date of any order passed by it the prescribed authority or the appellate authority or the revisional authority may, on its own motion, rectify any mistake apparent from the record and shall, within a like period, rectify any such mistake which has not been brought to the notice of the prescribed authority or the appellate authority or the revisional authority, as the case may be, by a land-holder or other person liable to pay tax: Provided that no such rectification shall be made which has the effect of enhancing the tax payable unless the landholder and any other person liable to pay tax have been given a reasonable opportunity of being heard in the matter.”

Advocate Ajay NS LawRato

549 votes

You can approach the concerned Agricultural office and there you will get the extract of the draft data bank which contains the details of entire properties. You can take the extract of the page which contains your survey number and get it sealed and signed from the authority. It must be written there as Converted land. Normally it would serve your purpose. If the purchaser insist for changing the marking in the possession certificate, you may have to approach high court for a direction to the Village Authorities to do so based on the draft data bank and present position.

Advocate Nelson Joseph LawRato