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

Admin | August 9, 2018 | Wet Land | 20 Comments

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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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Tags:Building Permit, Wet Land

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20 Comments

Simon May 8, 2017 Reply

We bought at rs 5000 in year 1960 but know it is wet land and our son r educated and due to wet land it does not get profit and our son r not interested due to lack of wet land I request govt of kerala to make wet land paddy field to build construction house so that they have no house as the property rate in kerala is touching the sky and we r 7 and 3 sister cannot effort dowry
Sivakumar May 20, 2017 Reply

Sir,
In my documentation, my land is shown as “janmam vaka paramp”
Do I need additional permition to construct a home as per the rule suggested in BTR?
Kindly advise.
SUDEESH May 22, 2017 Reply

Dear Sir, I have 10 cents of land in perumpetty village mallappally taluk. I purchased it from a person in 2009.At that time it was Rubber purayidam in panchayat data bank and nilam in Aadharam. Now I want to sell it as the purchaser insisting to rename the property from nilam to purayidam in Aadharam. The purchaser and I are having another land in our name in this village. Please advise what to do to convert this land in revenue records.
Varghese mallappally June 18, 2017 Reply

dear sir
how to dig a pond in my property that is under paddy land. I need water for cultivation and drinking.
Thanks
Rama krishna Kurup.T July 27, 2017 Reply

where can i get the data bank of paddy and wet land prepared and published under rule 42 b of Kerala paddy and wetland Rules 2008

Admin October 4, 2017 Reply

At Grama Panchayat Office / Agriculture Office / Village Office

Rama krishna Kurup.T July 27, 2017 Reply

i meant rule 4 (20 b of 2008 Rules
P RAMAN KUTTY September 11, 2017 Reply

I have a land at Kanjikode, PALAKKAD measuring 61 cents which was bought by me in 2007 and since then never used it. As per revenue record the land is shown as “Nilam”. Now I want to construct a small house for my living as me or my wife do not have any house in Kerala in our own name. Kindly let me know the procedure for applying KLU, the concerned authorities and the required application forms

Rajeev November 3, 2017 Reply

sir,
I am planning to buy a property in which one big pond of 90 cents is there along with 1 acre of dry land and this properly comes under a punchayat under Kozhikode dist.
As per the old documents the pond is in parambu/ purayidam category of land and not in wet land or paddy land.
I would like to know, can I go ahead in purchasing the same to construct a building by filling the old used pond.
santosh thomas February 2, 2018 Reply

Sir we have a piece of land of 27 cents in Alangad , Ernakulam dist. It has been purchased in 1983 and in the adharam it is written as nillam. Since we have planted some coconut trees and few mango tree and other trees which are giving fruits since 1990 .how can i convert it as purayidam. We have no other property in our name. In January18 recently i was there to find out some way but was not able to get any response. just i was told that there is some changes done in laws and the orders are yet to come in panchayat village office .please guide me at the earliest

Sumesh N R October 5, 2017 Reply

Sir,I have a land at madakkathara,thrissur.measuring the plot is almost 6 cent.which was bought by me in 2017 jan.as per possetion certificate is shown as “nilam”.In KLU order iam submitt a application to RDO Thrissur.village and agriculture officer are see to my plot after reports are sumitted to RDO office thrissur.but construction sanction certificates are should not be issued to till date.if i have no any house in kerala our own name.sir,iam a serving soldier of indian army and my mother is a widowe.plz replay sir…….
Soorya Dharshan November 1, 2017 Reply

Hello,
I purchased 10cents, in btr it shows as NILAM but on databank it was converted to COCONUT.
Do I need to apply for KLU to get building permit from LSGD?

Please advise.

Thanks,
Soorya Dharshan
Rajeev November 3, 2017 Reply

as such the pond is not used for any purpose.
Shafi December 30, 2017 Reply

Dear Sir,
I am planning to buy a total of 7 cent land Including a house which was constructed in 2010 and the documents showing 3 cent is purayidam and 4 cent is Nilam in two different survey numbers in same ” karam reciept. And a letter from the punjayath agriculture officer confirming that these plots are not included in the draft data bank (2014).

Appreciate your reply ASAP.
Regards
Ershad January 21, 2018 Reply

Hi, Any one know when the newly updated Databank will list out? In 2018 ?
RAJANI V C March 23, 2018 Reply

AT THRISSUR CORPORATION HAVE A MASTER PLAN AND THE LAND INCLUDE IN PADDY OF THE MASTERPLAN HOW TO GET A PERMISSION OF RESIDENCE AFTER PURCHASE 2008 MAY .WHY NOT CONSIDER THE NEW CIRCULAR OF GOVT 19/1/2018.
ullaskumar.k March 30, 2018 Reply

I have a land at Akathethara , PALAKKAD measuring 5 cents . . As per revenue record the land is shown as “Nilam”. Now I want to construct a small house for my living as me or my wife do not have any house in Kerala in our own name. Kindly let me know the procedure for applying KLU, the concerned authorities and the required application forms
V V Ravi April 20, 2018 Reply

Will this rule change ? If yes when?
Zaheer May 30, 2018 Reply

Sir,I have 7.77cent plot in calicut district.but plot on recorded is paddy.but not in data bank.but I have no permission to build a home above 120sqft.pls help me.i have any chance

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

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