A Division Bench of the Kerala High Court on August 1 dismissed a writ appeal filed by the State government challenging a single-judge order to exclude 25 cents while computing fee for changing the nature of the petitioner’s 36-cent land that had been entered in Revenue records as paddy land.
The said land had been lying as dry land for decades. The petitioner was served notice for remitting ₹1.74 lakh as conversion fee, being 10% of the fair value of the adjacent property. He then sought refixing of the fee, contending that no fee was payable for conversion of up to 25 cents. But the Idukki RDO sent him a reply, saying that it was not possible, citing a Government Order.
The aggrieved petitioner had earlier approached the court citing Section 27-A of the Kerala Conservation of Paddy Land and Wetland Act and the schedule of fee, citing how fee could be levied only for land in excess of 25 cents. The single judge directed the authorities to calculate fee payable at 10% of the fair value of the property for the land beyond 25 cents.
The writ appeal before the Division Bench was dismissed, even though the special government pleader contended that the Section was aimed at exempting small land holders owning up to 25 cents.
