Pious @ Peeyus Varkey v. Revenue Divisional Officer

  • Order

Conservation of Paddy Land and Wetland Act, 2008 (Kerala) – Section 27A(2) – Change of nature of unnotified land – 10% of the land shall be set apart for water conservancy measures only where the application is allowed and not before that.

Section 27A(2) would state that the RDO may cancel any order issued under sub-section (2), if the condition specified therein are complied by the applicant either fully or partly. Therefore, it is evident that if the required water conservancy measures are not taken by any applicant, the respondents have a power to cancel any orders passed under Section 27A(2). In view of the above, it is evident that the Agricultural Officer was not justified in holding the process of consideration of the application as per Ext.P5 on the ground that the petitioner has not taken any steps or measures for water conservancy.

Citations : 2021 (4) KCC 117 : 2021 (4) KHC 190 : 2021 (4) KLT 465