Kochi: Land conversion fee can be charged only for additional land above 25 cents, the Kerala High Court has ruled. The court obeserved that the state government order imposing the fee for land reclassification cannot be accepted.
A divisional bench of the High Court on Saturday, while dismissing a writ appeal filed by the government challenging a single-bench order, directed the authorities to calculate the fee payable at 10% of the fair value of the property only for the additional land beyond 25 cents and not based on the entire property.
While considering a petition filed by Moushmi Ann Jacob from Thodupuzha, the single bench ordered in February that the fee should be charged only for the additional land in question. A division bench, comprising Chief Justice A J Desai and Justice V G Arun, upheld the single bench order. The Government might move Supreme Court against the verdict.
As per Section 27 (A) of the Kerala Conservation of Paddy Land and Wetland Act, the fee is exempted for conversion of lands up to 25 cents. The State Government’s contention is that in case of conversion of lands above 25 cents, the fee should be computed at 10 % of the fair value of the entire property. It argued that fee exemption is allowed to help those converting small lands up to 25 cents and the benefit cannot be extended for land reclassification of bigger properties. An order in this regard was issued on February 25, 2021, it pointed out.
However, the division bench said it finds no reason to override the single bench order, which is as per existing legal provisions and the fee determined by the authorities.
The petitioner moved High Court after the Revenue Department served notice for remitting Rs 1.74 lakh as a conversion fee for reclassifying 36.65 cents. The said land had been lying as dry land for decades but was shown in the official records as a wetland. The officials asked the petitioner to remit the fees, calculated on the basis of the entire land, for excluding the same from the data bank.
Upon filing a petition, the single bench ordered that the petitioner need to pay only 10% of the fair value for the 11.65 cents in addition to 25 cents. The state government appealed against this order.
