Procedures For Converting Paddy Land And Wetland In Kerala

Articles / By Kurian K Jose

5th Nov 2024

Introduction

The Kerala government enacted the Kerala Conservation of Paddy Land and Wetland Act, 2008 (“Act”) to conserve paddy land and wetlands and to restrict their conversion or reclamation. According to sections 3 and 11 of the Act, starting from the Act’s commencement date on August 12, 2008, the conversion or reclamation of paddy land and wetland in the state is prohibited. This means that, from that date onward, paddy land and wetland cannot be used for construction or any other purposes.

Section 5 of the Act mandates the formation of a Local Level Monitoring Committee (LLMC) in each Panchayat or Municipality. One of the LLMC’s functions is to create a databank of paddy land and wetland within its jurisdiction.

Procedure for Conversion of Paddy Land or Wetland

As mentioned earlier, there is a prohibition on the conversion of paddy land and wetland in the state. However, there are cases where the land is erroneously categorized as paddy land or wetland in revenue records or the databank prepared by the LLMC. Additionally, there might be instances where the land was originally paddy land or wetland but was converted before the Act’s commencement on August 12, 2008. To address these situations, the Act provides provisions allowing landowners to use such land for residential, commercial, or other purposes.

The term “unnotified land,” as per the Act, is crucial in understanding the conversion process outlined in the Act. According to Section 2 (xviiA) of the Act, unnotified land refers to land listed as paddy land or wetland in the basic tax register (BTR) maintained in Village Offices but not identified as such in the databank prepared by the LLMC. Typically, unnotified lands were originally paddy land or wetland but were converted before 2008, explaining their presence in revenue records but exclusion from the LLMC’s databank.

Procedure for Conversion of Unnotified Land

Landowners of unnotified land can submit an application to the Revenue Divisional Officer (RDO) under Section 27A of the Act to utilize their land for residential, commercial, or other purposes. If the land to be converted is under 20.23 Ares, the application should be made on Form 6 of the Kerala Conservation of Paddy and Wetland Rules, 2008 (“Rules”). If the land exceeds 20.23 Ares, Form 7 of the Rules should be used. Alongside the application form, the following documents and details must be submitted:

1. • A sketch of the property prepared by the Village Officer or a Registered Surveyor.

   • Land tax receipt for the property.

   • Title deed for the property.

   • A certificate from the Agricultural Officer confirming that the land is not listed in the databank.

   • The proposed building’s area, if any, to be constructed on the land.

Currently, Form 6 and Form 7 applications are submitted online. For Form 7 applications (land exceeding 20.23 Ares), 10% of the land must be allocated for water conservancy measures, clearly marked on the sketch. This 10% land cannot be used for any other purpose. Additionally, a plan for the proposed water conservancy measures on the designated 10% land must accompany the Form 7 application.

Once the RDO approves the Form 6 or Form 7 application under Section 27A of the Act, the applicant must pay a conversion fee based on the following rates:

1. • Up to 25 cents: Nil

   • From 25 cents to 1 Acre: 10% of fair value

   • Above 1 Acre: 20% of fair value

Furthermore, if the proposed building’s floor area exceeds 3000 sq.ft., a fee of Rs.100/- per square foot above 3000 sq.ft. must be paid.

As previously mentioned, if land is included as paddy land or wetland in the LLMC’s databank, conversion or reclamation is not possible. However, instances may arise where land is wrongly categorized in the databank, requiring its removal.

Procedure for Removal of Land from Databank

To remove land erroneously classified as paddy land or wetland in the databank prepared by the LLMC, an application in Form 5 of the Rules must be submitted to the RDO, as per Rule 4(d) of the Rules. Alongside the Form 5 application, the following documents should be provided, and the application is typically filed online:

1. • Title deed for the property.

   • Land tax receipt for the property.

   • Relevant pages from the databank.

Upon receiving a Form 5 application, the RDO will forward it for assessment by the Agricultural Officer if the databank categorizes the land as paddy land and to the Village Officer if the land is categorized as wetland. The RDO will then make a determination based on these reports, conducting physical verification or consulting satellite images of the land when necessary.

In this context one must note that, the question is whether the land is a paddy land or wetland as on the date of commencement of the Act (i.e.12/08/2008). If the land was a paddy land or wetland as on the date of commencement of the Act and was subsequently converted, it could not be removed from the databank and its conversion is not possible. However, if the land is a paddy land or a wetland which was converted prior to the date of commencement of the Act, then it could be removed from the databank and converted. In order to ascertain whether the land was a paddy land or wetland as on the date of commencement of the Act, the RDO could use the help of satellite pictures of the land as of 2008.

Once a Form 5 application is approved, the land is removed from the databank and becomes subject to the definition of unnotified land within the Act. Subsequently, landowners can follow the previously mentioned procedure, submitting Form 6 or Form 7 applications under Section 27A of the Act to convert the land.