As per the provisions of Kerala land utilisation order 1967, permission was granted for non agricultural use of land with condition to maintain water channel. The question whether imposing such a condition to maintain a water channel while granting permission for non agricultural use of land is not good in the eye of law. Imposing such a condition is not justified as it frustrates the very purpose of granding permission and it is a perverse and arbitrary exercise. Though the order of single bench is challenged in appeal before the division bench, The Appeal was dismissed and the court held though the RDO has stated in the impugned order that filling up of the water channel will adversely affect draining of water from the property, agriculture operations in surrounding properties and the ecosystem, this is a stereotype general statement and no factual details supporting such an assertion is stated in the order.
It is reiterated that applications filed under clause 6 of KLU order prior to 30 12 2017 must be considered for passing orders under clause 6(2) of the same order while application submitted after that date shall be dealt with exclusively under the Kerala conservation of paddy land and wetland act and rules made thereunder.
(
WA 1061.2023)
