2015 (3) TMI 813 - SC - Indian Laws

Whether the order of conversion of land passed by the Tahsildar under Kerala Land Tax Act would circumvent the provisions of beneficial legislations such as Kerala Conservation of Paddy and Wetland Act, 2008 and the Kerala Land Utilization Order, 1967 - Held that - Rectification of mistake narrated in Section 18 relates to the apparent mistake on the face of the record in relation to any order passed by the prescribed authority, appellate authority or the revisional authority under the Act. Therefore, the rectification of mistake can only be in respect of proceedings or orders passed by the original authority, appellate authority or the revisional authority. - Statutory enquiry to ascertain whether the land is a Paddy Land or Wetland and conversion of the land for residential purpose or for any public purpose is governed by KLU Order or the Kerala Wetland Act, 2008 for conversion of the land from Nilam (Wetland) to Purayidam (Dry Land). The concerned authorities constituted under KLU Order or Kerala Wetland Act 2008 are the competent authority. Nature of the land cannot be changed or converted by directing changes in the Basic Tax Register which is maintained only for the purpose of land tax. The rectification envisaged by Section 18 of Kerala Land Tax Act can only be in respect of arithmetical or clerical error, that too in the order of determining the tax due. Section 18 cannot be made use or the same cannot be taken as a means to effect conversion of the nature of the land bye-passing the competent authority and the procedure stipulated under the KLU Order, 1967 and the Kerala Wetland Act, 2008 and the impugned judgment is liable to be set aside. - Decided in favour of Appellant.

Issues Involved:
1. Whether the order of conversion of land passed by the Tahsildar under Kerala Land Tax Act circumvents the provisions of Kerala Conservation of Paddy and Wetland Act, 2008 and the Kerala Land Utilization Order, 1967.
2. Competence of the Tahsildar to reclassify land under Section 18 of the Kerala Land Tax Act.
3. Implementation and objectives of the Kerala Land Utilization Order, 1967.
4. Implementation and objectives of the Kerala Conservation of Paddy Land and Wetland Act, 2008.
5. Rectification of mistakes under Section 18 of the Kerala Land Tax Act.
6. Proper authority and procedure for land conversion.

Detailed Analysis:

1. Whether the order of conversion of land passed by the Tahsildar under Kerala Land Tax Act circumvents the provisions of Kerala Conservation of Paddy and Wetland Act, 2008 and the Kerala Land Utilization Order, 1967:
The appeals questioned if the Tahsildar's order for land conversion bypassed the Kerala Conservation of Paddy and Wetland Act, 2008, and the Kerala Land Utilization Order, 1967. The High Court had directed the Tahsildar to change the Basic Tax Register (BTR) to reflect the land as 'Purayidam' (Dry land) instead of 'Nilam' (Wetland). The appellants contended that this order circumvented the statutory provisions meant to protect such lands.

2. Competence of the Tahsildar to reclassify land under Section 18 of the Kerala Land Tax Act:
The appellants argued that the Tahsildar lacked the authority to reclassify land under Section 18 of the Kerala Land Tax Act, which is meant for rectifying apparent mistakes in records, not for changing the nature of land. The court agreed, stating that Section 18 only allows for rectification of arithmetical or clerical errors, not for reclassification of land.

3. Implementation and objectives of the Kerala Land Utilization Order, 1967:
The Kerala Land Utilization Order, 1967 (KLUO) was issued to ensure the cultivation of food crops and prevent the conversion of such lands for other purposes without written permission from the District Collector. The Order empowers the Collector to enforce cultivation and prevent unauthorized conversions, emphasizing the importance of maintaining agricultural lands for food security.

4. Implementation and objectives of the Kerala Conservation of Paddy Land and Wetland Act, 2008:
The Kerala Conservation of Paddy Land and Wetland Act, 2008 aims to conserve paddy lands and wetlands, restrict their conversion, and sustain the ecological system. The Act defines 'paddy land' and 'wetland' and establishes committees at various levels to monitor and enforce its provisions. The Act prohibits conversion or reclamation of paddy land except under specific conditions and through proper channels.

5. Rectification of mistakes under Section 18 of the Kerala Land Tax Act:
Section 18 of the Kerala Land Tax Act allows for the rectification of apparent mistakes in the records within four years from the date of the order. However, this provision is limited to clerical or arithmetical errors and does not extend to reclassification of land. The court emphasized that the nature of land cannot be changed through rectification under this section.

6. Proper authority and procedure for land conversion:
The court concluded that the proper authority for land conversion is the District Collector or the Revenue Divisional Officer, as specified under the KLUO and the Kerala Conservation of Paddy Land and Wetland Act, 2008. The Tahsildar does not have the competence to reclassify land, and any application for conversion must be processed through the appropriate statutory authorities following the prescribed procedures.

Conclusion:
The Supreme Court set aside the High Court's judgment, stating that the Tahsildar's order for land conversion bypassed the statutory provisions of the KLUO and the Kerala Conservation of Paddy Land and Wetland Act, 2008. The respondents were directed to approach the competent authorities for land conversion, and the authorities were instructed to consider their applications in accordance with the relevant statutes and notifications. The appeals were allowed, and no order as to costs was made.

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