Persons Who Purchased a Portion of Paddy Land after Commencement of Act Cant Reclaim It For Residential Use: Kerala High Court Overrules Earlier Precedent
Case: Sabeena E.K v. District Collector & connected matters
Coram: Chief Justice S. Manikumar, Justice Shaji P Chaly and Justice Sathish Ninan
Case No.: WP(C) NO. 17301 OF 2020
Court Observation: “we are of the considered opinion that the owner of the paddy land who is entitled to seek conversion or reclamation in contemplation of the provisions of Act, 2008, is the owner of the paddy land on the date of coming into force of the Act, 2008 i.e., 12.08.2008.”
“Therefore, the purchaser of a bit of paddy land, subsequent to the introduction of the Act, 2008, would definitely be an owner of a paddy land, but he is not entitled to get the benefit of Section 5(3) r/w Section 9 of the Act, 2008.”
“In our view, if any other interpretation is given to the word ‘owner’, it would clearly defeat the natural and ordinary sense intended by the framers of law to it. Therefore, the term ‘owner’ contained under the provisions would have to be given a strict interpretation insofar as the undertaking of any activity for the conversion or reclamation of such paddy land is concerned as contemplated under the aforementioned provisions.”
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Keywords
Portion of Paddy Land,
