Mather Nagar Residents Association ... vs The District Collector, Ernakulam . on 5 March, 2018
6. I am of the opinion that the said reasons
stated in the impugned orders are not even
valid for rejecting a Form 5 application for
removal of the property from the data bank.
The prime reason stated in Ext.P10 order for
rejecting the request for change of nature of
land is that as per the report of the Village
Officer, the property has not been converted
prior to 2008 and further that the property is
lying three feet below the road level and that
there is water logging in the property. The
finding in Exts.P10 and P24 orders that the
property has not been converted prior to 2008
cannot be sustained at all, especially for the
reason that the RDO himself has passed Ext P5
order whereby the property has been removed
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from the data bank, on a finding that the
property has been converted prior to 2008. Yet
another reason stated is regarding the low
lying of the land and the water logging in the
property. This Court in Mather Nagar Residents
Association and another v. District Collector,
Ernakulam and others, 2020 (2) KHC 94 has
held that merely for the reasons that the
property is lying fallow and water gets logged
during the rainy season or otherwise due to the
low - lying nature of the property, the property
cannot be termed as wetland or paddy land as
per the provisions of the Act 2008.