Kerala High Court Seeks State's Stand On Legality Of Pre-2008 Paddy Land Reclamations Under Wetland Act

The division bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M issued the direction while hearing a batch of writ petitions, individual landowners and public interest groups challenging the validity of the 2018 Amendment of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

The petitioners in the public interest litigation argued that the amendment effectively condoned illegal reclamation of paddy lands and wetlands that had been carried out in violation of the Kerala Land Utilisation Order, 1967, defeating the conservation objectives of the Act of 2008.

The petitioners - land owners contended that reclamations made before 2008 were not prohibited under the then prevailing laws. They maintained that if they could prove that their lands were converted before the 2008 Act came into force, the authorities could not subsequently impose restrictions on their usage based on the Act.

The Court observed that the records show different stands on behalf of the State and hence directed the State to file an affidavit clarifying the State's position.

“However, different stands on behalf of the State are emerging from the record. Therefore, it would be appropriate that an affidavit be filed by the State in these petitions on the above aspect” the bench noted

The matter is posted on 10, November for further consideration.

Case Title: Paristhithi Samrakshana Samiithi Muthalakodam v State of Kerala and Ors. and connected cases

Case No: WP(C) 39694/ 2018 and connected cases

Counsel for Petitioner: Daisy A Philipose, Jai George, Vishnu S, Millu Dandapani, P B Sahasranaman, B Sajeev Kumar, Regi George

Counsel for Respondent: K P Jayachandran(Addl. AG), K Gopalakrishna Kurup (AG), S Renjith, V Manu, M H Hanil Kumar