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Showing contexts for: constructive knowledge in Mather Nagar Residents Association vs The District Collector on 12 February, 2020Matching Fragments
The points to be noted from the said contention is that the 4th respondent has no case that on factual verification the property in question is still lying as paddy land suitable for paddy cultivation as defined in the Conservation of Paddy Land and Wet Land Act, 2008 or the property in question was converted to garden land after the commencement of Conservation of Paddy Land and Wet Land Act, 2008. Obviously, it is discernible from the pleadings that 4th respondent is relying on the entries in the revenue records as 'Nilam' and not on the fact as the land exists on ground. It became more clear when the learned counsel advanced an argument, which could not find a place in the pleadings, that the paddy land was converted to garden land in violation of S.6 of the Land Utilisation Order, 1967. Needless to say, it amounts to an implied admission that there is no conversion after the commencement of the Conservation of Paddy Land and Wet Land Act, 2008 and the property was converted to garden land before the commencement of Conservation of Paddy Land and Wet Land Act, 2008. It is to be borne in mind that the land in question is one for which Ext.P4 permit is granted by the Panchayath for construction of a building and no police protection is sought for conversion. To common knowledge, no building can be constructed in a paddy land without conversion. Therefore, it can be safely concluded that not only at present but also at the time of the commencement of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, the property in question was not lying as paddy land.