Construction is not permitted on the land assigned for the Cultivation: Kerala High Court


KERALA:  In the case of Raphy John v. Land Revenue Commissioner & connected matters, the Kerala High Court directed that no construction activities are permitted on land assigned for cultivation and thereby directed the State Government to take steps for the resumption of such land, notify and exempt the provisions of required

Overruling a Single Judge decision, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly in a batch of petitions moved by filed by the quarry owners and the Stated related to quarrying in lands assigned for rubber cultivation at the State’s capital.

The Court stayed all the construction work on assigned land, including that of resorts and petrol pumps while emphasizing that construction is not allowed on such land. It has also opined that the Revenue authorities are empowered to take action to suspend all quarries that are currently operating on such lands.

The Bench also emphasized that the order issued by the Revenue Department barring other constructions on agricultural land shall be strictly enforced.

The appellants had argued that if quarrying permits are sought for such lands, revenue authorities would be incapacitated from verifying if the land was assigned for cultivation. It was also contended that through the Rule, the authorities had made a conscious decision not to grant or renew any quarrying lease if the land was assigned for a specific purpose.


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