[Updated on 09/08/2018] Grant of permission for construction of building in Wetland

wetland

05/07/2018 : Circular regarding change of occupancy of building constructed in wetland.

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17/02/2018 : Clarification regarding Nanja Committee  b the District Collector,Malappuram.

   Clarification – Nanja Committee

19/01/2018 : As per circular No.96/R.A.1/2018/LSGD dated 19/01/2018 the Government have issued clarification on regularization of construction of building in wetland (The land is not recorded as ‘Wet’ in the databank).

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03/02/2018 : Here is the detailed note about modification done in Wetland and Paddyland Act 2008 as per ordinance issued recently by the Government of Kerala. Click download button below for download notes,

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09.08.2018 : Conversion of Wetland – Addition Instructions Issued by the District Collector, Malappuram

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06/12/2017 : As per circular No.1858832/R.A.1/2017/LSGD dated 06/12/2017 the Government have issued detailed guidelines on grant of permission for construction of building in wetland (The land is not recorded as ‘Wet’ in the databank).

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21/08/2017 : Shivadasan Vs Revenue Divisional Officer – W.P.(C) Nos.13194 of 2017 and connected cases decided on 16th August 2017. Download file from below download link,

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06/08/2017 : In the light of Government Order G.O(P) No.34/2017/RD dated 30/05/2017, an instruction issued as per Circular No.T.A(2) 18988/16 dated 26/07/2017 for processing the applications received by the Agriculture Officer for correction in Wetland Data Bank. For more download the circular from above download section.

   Circular on Correction in Wet Land Data Bank by AO

19/06/2017 : As per Government Order G.O(P) No.34/2017/RD dated 30/05/2017 the Government have modified the Paddyland and Wetland Conservation Rules 2008. The modified Paddyland and Wetland Conservation (Amendment) Rules 2017 is attached below. You can download it from below download link,

   Download Wetland Amendment Rules 2017

07/06/2017 : As per Circular No.1384143/RA1/2017/LSGD dated 26/05/2017 the Government have decided to Call for details of action taken as per Circular No.994733/RA1/16/LSGD dated 22/12/2016. For more please download circular from below download link,

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03/05/2017 : Circular No.Rev-P1/7/17 dated 14/03/2017 : Construction of building in land which is not recorded as WET in the Data Bank but recorded as WET in land documents. Download circular from below download link,

   Download Malayalam Note – Prepared by S.N. Pramod

19/03/2017 : Circular No.Rev-P1/7/17 dated 14/03/2017 : Construction of building in land which is not recorded as WET in the Data Bank but recorded as WET in land documents. Download circular from below download link,

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14/03/2017 : As per Circular No.1122600/NCA2/17/Agri dated 06/02/2017 Agriculture Department have issued guidelines against illegal conversion of wetland for construction of buildings. Download guidelines from below download link,

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01/03/2017 : Circular No.13105/P1/2017/RD dated 01/03/2017 issued by Revenue Department, Government of Kerala [ Download Circular ]

22/12/2016 :  Circular No.46848/P1/2016/Revenue dated 22/12/2016 issued by Revenue Department, Government of Kerala [ Download Circular ]

22/12/2016 : Circular No.994733/RA/2016/LSGD dated 22/12/2016 issued by LSGD Department, Government of Kerala [ Download Circular ]

Wetland Related other GO’s, Circulars and Judgements

The Kerala Conservation of Paddy Land and Wetland (Amendment) Bill 2016

1. Short title and commencement.–(1) This Act may be called the Kerala Conservation of Paddy Land and Wetland (Amendment) Act, 2016.
(2) It shall come into force at once.
2. Omission of section 3A the Kerala Conservation of Paddy Land and Wetland Act, 2008 (28 of 2008), (hereinafter referred to as the principal Act), section 3A shall be omitted.
3. Saving.- Notwithstanding such amendment of the principal Act, the amendment of the principal Act by this Act, shall nor, affect the previous operation of anything duly done or suffered thereunder, affect any right, privilege, obligation or liability acquired, accrued or incurred under the principal Act, affect any penalty, forfeiture or punishment incurred in respect of any offence committed under the said Act, affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act has not been enacted…..Read More

Previous Orders : The Director of Panchayats issued a direction to all the Secretaries of Grama Panchayats to strictly follow the provisions of 1) Kerala Conservation of Paddy Land and Wetland Act 2008 and Kerala Conservation of Paddy Land ad Wet Land (Regularisation of Unauthorised Reclamation) Rules 2015, 2)  Judgement of the Supreme Court dated 10/03/2015 of Civil Appeal No.2749/2015 (Arising out of SLP (Civil) No.3172/2014)

As per the Kerala Conservation of Paddy Land ad Wet Land (Regularisation of Unauthorised Reclamation) Rules 2015 the applicant shall be submit application for regularisation of unauthorised reclamation to the District Collector in Form 4 within 90 days of the notification of rules.

The application shall be accompanied documents to prove ownership of land, any dated evidence issued by the CLR or DC or RDO or Tahasildar or VO with respect to the unauthorised reclamation and/or any similar documentary evidence to that effect, photographs of land unauthorisedly filled up, signed by the owner  to the effect that “This is the Paddy Land which has been filled up unauthorisedly / due to natural reclamation before 12/08/2008“, orers obtained earlier if any graning permission utilise the land for any other purpose under any law in force before 12/08/2008. An application fee of Rs.500/- shall be paid to the Collector along with application. Fore more Read Rules .

Form 4 (Application for regularisation)

Form 5 (Reporting format for Village Officer)

Form 6 (Shall be issued to the applicant by the Collector to remit regularisation fee)

The Supreme Court have directed the respondents to approach the competent authorities constituted under KLU Order 1967/Kerala Conservation of Paddy Land and Wetland Act 2008 as the case may be for conversion of the land. When the applicants approach the concerned authorities constituted under the above statutes, the concerned authorities shall consider the application of the applicants in accordance with the relevant provisions of the statutes and also the notification G.O.(Rt.) No.157/2002/AD dated 05/02/2002 and in accordance with law keeping in view the factual position that may be brought to the notice of the authorities along with material to substantiate their claim.

Notification No. G.O. (Rt.) No.157/2002/AD dated 5.2.2002, Government of Kerala, Agriculture (NCA) Department has issued instructions to follow the modalities for implementation of the KLU Order, wherein conversion for construction of houses for individuals are permitted and it reads as under:

1) The direction issued to District Collectors vide reference read as first paper (Government letter No. 47165/NCA-3/97/AD dated 17.12.1997) will be withdrawn. This would mean that applications for conversion can be considered and disposed off by Revenue Divisional Officers/District Collectors in accordance with the provisions of the KLU Order and related standing instructions. The Land Revenue Commissioner will hear appeals and the Government (in the Agriculture Department) will exercise revisional powers as provided for in the KLU Orders.

2) District Collectors will ensure the conversions, which are likely to render irrigation investments infructuous, are not to be allowed. Similarly large scale conversion for Commercial purpose should be discouraged.

3) In all cases, where conversion is allowed, Collectors/Revenue Divisional Officers must ensure that drainage for neighbouring or nearby plots is not blocked or rendered impossible.

4) Conversion of land for construction of houses for individuals, upto 5 cents, should generally be allowed. However, large-scale
conversion of land by artificial partitioning into small plots of less than 5 cents should be detected and disallowed.

5) The revenue machinery at the taluka and village-level should be activated to ensure that in future, conversions or attempted conversions without sanction are promptly detected and proceeded against. Conversions should not presented as a ‘fait accompli’ which have to be inevitably regularized.

6) Government will examine the suggestions of Collectors/Principal Agricultural Officers for changes to the KLU Order to make the penal provisions more effective and also for levying as on conversion.

Wetland Related GO’s, Circulars and Judgements

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