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Showing contexts for: conversion certificate in Joju Joseph vs The Revenue Divisional Officer on 12 November, 2019Matching Fragments
8. In order to issue work order for the proposed LPG Storage and Bottling facility, by the 2nd respondent Deputy General Manager of Indian Oil Corporation Ltd., the petitioner has to produce Zone Certificate from the Revenue Officer; Government land extract from Revenue Department; and Final Land Conversion Certificate or No Objection Certificate, stating that land conversion is not required as the land offered is dry land. The petitioner filed Ext.P10 application dated 14.05.2019 before the 1st respondent Revenue Divisional Officer, with a request to grant certificate to the effect that the land in question having an extent of 5 Acres is purayidam/garden land and not an agricultural land. He has also submitted Ext.P11 application before the 3 rd respondent Village Officer with similar request. Now the petitioner is before this Court in this writ petition seeking various reliefs, alleging inaction on the part of the revenue authorities in issuing the certificates, as sought for in Exts.P10 and P11.
9. A statement has been filed by the 1 st respondent, wherein it has been pointed out that the Revenue Divisional Officer is not authorised to issue Zone Certificate. An extract of the Basic Tax Register has already been issued to the petitioner by the 3rd respondent Village Officer, which is placed on record as Ext.P2. The Revenue Divisional Officer is also not authorised to issue Final Land Conversion Certificate. Since the property is garden land, there is no provision to process the application made by the petitioner under the Kerala Conservation of Paddy Land and Wetland Act, 2008. As far as no objection certificate is concerned, as per Gas Cylinders Rules, the competent authority for issuing no objection certificate for LPG Storage and Bottling Plant is the District Magistrate or the Additional District Magistrate. Upon receipt of Ext.P10 application, the 1 st respondent forwarded the same to the Tahsildar, Ernad for getting a report, along with connected land documents. Since the application is in respect of the proposed LPG Storage and Bottling Plant, it was forwarded to the District Magistrate for further action. However, the District Magistrate sent it back, stating that it deals with conversion of land, since the request made in that application is for Land Conversion Certificate. In the meanwhile, a complaint by Janakeeya Prathirodha Samithi, Koomankulam was received in the office of the 1 st respondent against the LPG Storage and Bottling Plant, on 12.03.2019, and an enquiry on that complaint is being conducted by the Tahsildar, Ernad.
15. As per the technical parameters prescribed in Part II of Ext.P7 tender notification, the land for the proposed LPG Storage and Bottling Plant, having an extent of at least 3.5 Acres with clear title owned by the bidder or registered lease in the name of the bidder, etc., should be industrial or commercial type and the bidder has to provide a Zone certificate issued by the competent authority in the Government. If the land offered for the proposed plant is agricultural land, the bidder is required to submit along with the tender, the acknowledgment of the application submitted to the concerned authorities for non-agricultural conversion. The documents required to be submitted online, along with the tender, are 'Zone Certificate' from Revenue Officer, Government Land extract from Revenue Department. The 'Final Land Conversion Certificate' has to be compulsorily submitted by the bidder before the issuance of work order. Moreover, as per clause (iv) of paragraph 8 of Ext.P7 tender notification, the bidder has to declare that the site is free from any sensitive zones, schools and place of religious or historic importance which may get affected due to the construction of proposed LPG Storage and Bottling Plant.
26. In Bhaskara Rao A.B. v. CBI [(2011) 10 SCC 259] the Apex Court reiterated that, generally, no court has competence to issue a direction contrary to law nor can the Court direct an authority to act in contravention of the statutory provisions. The Courts are meant to enforce the rule of law and not to pass the orders or directions which are contrary to what has been injected by law.
27. Officers in the Revenue Department are authorised to issue various certificates in respect of a landed property within their jurisdiction, namely, location certificate; possession certificate; possession and non-attachment certificate; etc. The learned counsel for the petitioner could not point out any statutory provision, which empower the 1 st respondent Revenue Divisional Officer or the 3 rd respondent Village Officer to issue Zone certificate, land conversion certificate, etc. as per the requirements in Ext.P7 tender notification. The land conversion certificate for the conversion of an agricultural land for non-agricultural purpose is being issued by the competent authority in States like West Bengal, Andra Pradesh, etc., under the relevant State laws. In the absence of any similar State law applicable to State of Kerala, no direction can be issued either to the 1st respondent or to the 3rd respondent to consider the request made by the petitioner in Exts.P10 and P11 applications. As the petitioner failed to point out any statutory duty imposed on the 1 st respondent or the 3rd respondent to issue Zone certificate, land conversion certificate, etc. as per the requirements in Ext.P7 tender notification, and the failure on their part to discharge any statutory obligation, he is not entitled for a writ of mandamus, as sought for in this writ petition.