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State of Kerala - Section

Section 9 in Kerala Conservation of Paddy Land and Wetland Act, 2008

9. Constitution of District Level Authorised Committee.

(1)Notwithstanding anything contained in section 3, each Collector shall constitute in the District, District Level Authorised Committee for considering the applications for reclamation of paddy land for the construction of residential building to the owner of paddy land and for taking suitable decision:Provided that the District Level Authorised Committee shall not take any decision granting permission for the filling up of paddy land for the construction of residential building exceeding ten cents in a panchayat and five cents in a Municipality/Corporation, as the case may be.
(2)The District Level Authorised Committee shall consist of the Revenue Divisional Officer, Principal Agricultural Officer and three paddy cultivators to be nominated by the Collector and the Revenue Divisional Officer shall be its Chairman and the Principal Agricultural Officer, shall be its Convenor:Provided that where three are more than one Revenue Divisional Officer in a District, the Collector shall nominate one among them to the District Level Authorised Committee.
(3)The term of office of the nominated members shall be three years from the date of their assuming charge in the office. But after the expiry of the term they may continue in office till the succeeding members are nominated.
(4)Nominated members may resign from the Committee at any time by giving letter under his hand to the Collector.
(5)The District Level Authorised Committee shall take decision on the recommendation made available to it within one month.
(6)Any person aggrieved by the decision of the District Level Authorised Committee, may prefer an appeal before the Collector within thirty days from the receipt of the decision, in such manner as may be prescribed.
(7)The Collector shall take a decision thereon within one month from the date of receipt of the appeal and the decision of the Collector shall be final.
(8)Notwithstanding anything contained in sub-section (1), no application shall be considered by the District Level Authorised Committee, unless the Local Level Monitoring Committee has recommended that -
(i)such reclamation shall not adversely affect the ecological condition and the cultivation in the adjoining paddy land;
(ii)the owner of the paddy land or his family do not own a suitable land for this purpose in the District;
(iii)the building to be constructed is for his own purpose; and
(iv)such paddy land is not situated surrounded by other paddy land.
(9)[ The order issued by the District Level Authorized Committee under subsection (5) or the District Collector under sub-section (7) shall clearly indicate the survey number and the extent of the land in each survey number for which sanction has been accorded and a sketch of such land indicating the aforementioned details shall be appended to the order.] [Inserted by Act No. 41 of 2017, dated 30.12.2017]