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Showing contexts for: Access road in The Chairman vs S. Sunil on 10 August, 2003Matching Fragments
6. After obtaining NOC from the Grama Panchayat, an application dated 5.8.2006 was submitted by the 8th respondent on behalf of Quilon Medical Trust to the Revenue Divisional Officer, Kollam seeking permission for conversion of paddy land to the extent of 2 Hectares 4.60 Ares. In the application, it is stated that the Trust proposes to locate construction of the college and the attached hospital in an extent of 2 Hectares and 4.60 Ares (5 W.P.(C) Nos.15757 of 2008 and 18690 & 19577 of 2009 Acres 05.05 cents). In the said application, it is also prayed that another extent of 25 Ares of land being portions of Survey Nos.291/1, 7, 11 and 275/7, 10, 11 and 13 be also permitted to be converted for providing road access. On the said application, the Revenue Divisional Officer called for a report from the Principal Agricultural Officer. The Principal Agricultural Officer inspected the site in the presence of officers of the Agricultural Department, Village Officer and representatives of the 8th respondent, Quilon Medical Trust. The Agricultural Officer noted that at present there is no paddy cultivation. The area is subjected to flooding in rainy season due to poor drainage facility. A 'Thodu' (canal) is traversing the 'Ela' from south to north extending and joining to Ashtamudi Lake. The Principal Agricultural Officer, in his concluding observation stated as follows :-
7. The Revenue Divisional Officer passed an order dated 19.12.2006, in exercise of power under the Kerala Land Utilisation Order, 1967, granting permission for conversion of 2 Hectares 2 Ares and 58 sq.m paddy land in Survey No.290 (in its different sub plots) for construction of medical college and an area of 21.08 Ares in Survey No.291 (different sub division) and Survey No.275 (different sub division) for providing road access to the site in Block No.23 of Thazhuthala Village on certain conditions. In the said order, the Revenue Divisional Officer has noted the report of the Principal Agricultural Officer that remaining paddy filed can be utilised for paddy cultivation by opening the reservoirs during the summer season and can resolve the water scarcity and irrigation. In the said order, the Revenue Divisional Officer has also noted the report by the Additional Tahsildar that the application can be allowed after scientific study and taking precautionary methods to solve the water scarcity and without affecting the environment.
(7) The Bill seeks to achieve the above objects."
63. From the statement of objects and reasons as noted above, it is clear that the State Legislature itself recognised that paddy field conversion leads to enormous ecological degradation in watershed region, reduction in humus formation, intensification of soil erosion that affects the fertility of soil, reduction in water level in wells, ponds etc.
64. Now come to the facts of the present case.
65. The 8th respondent made three applications for filling of paddy land. The first application was made on 5.8.2006 where the 8th respondent prayed for permission to convert 2 hectares 4.60 W.P.(C) Nos.15757 of 2008 and 18690 & 19577 of 2009 ares of paddy land and another 25 ares of land being portion of Survey Nos.291 and 275, for providing road access to the site. In the application, following prayer was made:
73. Clearly 8th respondent has not started the construction, it only intended. There is one more reason for not accepting the submission of 8th respondent that construction started prior to 14.9.2006 notification. It is in the application dated 5.8.2006 (Ext.P4), 8th respondent has sought permission for reclamation for 25 ares of land in Sy. Nos.291 and 275 for providing road access through the site. Advocate Commissioner after inspection has submitted a report along with the map which clearly indicates that road access is provided from Plot Nos.275 and 291. Taluk Surveyor has also submitted a map dated 17.1.2011 which has been brought on the record by Advocate Commissioner of the entire site locating the dry land owned by trust, wetland filled by trust, wetland unfilled by trust and marshy land owned by trust as well as the canal. From the bye-pass road for reaching the site, the road access was from Plot Nos.275 and 291 in which plots, 25 W.P.(C) Nos.15757 of 2008 and 18690 & 19577 of 2009 Ares land was reclaimed, which permission was granted only on 19.12.2006. When the road access was permitted to be filled only on 19.12.2006, there cannot be any access to the site nor construction could have started atleast before 19.12.2006.