Kochi: The Kerala High Court has granted permission to temporarily convert paddy land for the implementation of a six-lane highway project on the Thuravoor-Paravoor road which connects Alappuzha and Ernakulam. Single bench judge Justice N Nagaresh observed that the permission was granted as the project is for a public purpose and only temporary conversion of the paddy land is required.
The judge pointed out that the non-availability of alternate land is no more a condition for granting permission to convert paddy land for public purposes.
The company which took the contract for the highway project had approached the court seeking permission to convert paddy land for establishing a base camp. The company had identified 66,000 square metres of land by the side of the project Highway for establishing the base camp.
As, 55,341 square metres of the land had been included in the data bank prepared under Kerala Conservation of Paddy Land and Wetland Rules, 2008, the petitioner had sought permission from the district collector to reclaim the land for public purpose as there was no suitable land available in the vicinity of the project area. When the Village officer confirmed that the land was not used for paddy cultivation for more than 30 years, district collector forwarded the request to the Local Level Monitoring Committee (LLMC).
The committee has submitted its report to the State Level Committee and it resolved the application granting permission to convert the land temporarily. As per the order, the project should be completed within 910 days and the land should be restored to its original state after completing the work.
But the government rejected the plea claiming that such a temporary exemption in the rules would create a bad precedent.
Now, the High Court observed that the State Level Committee had granted permission for the land conversion after scrutinizing the request.
The Court noted Section 10(2) which grants the Government power of exemption for the purpose of conversion or reclamation of paddy land/wetland for public purpose and such conversion or reclamation would not adversely affect the cultivation of paddy in the adjoining paddy lands and section 5 (3)(i) that empowers LLMC to reclamation of paddy land for public purpose or for construction of residential building.
(With Live Law inputs)
