Expert Talk: Shihab K. K.
Shihab K. K. is an experienced professional who has guided numerous people through the complexities of the land conversion process in Kerala. If you have any questions or doubts regarding land conversion, feel free to reach out to him at 9446744422 or via email at hello@kkshihab.com
Understanding Land Conversion Laws in Kerala
During the settlement survey period, Kerala had approximately 30 lakh acres of agricultural land. However, by the 1970s, this figure had shrunk to 5 lakh acres, and it further reduced to 2 lakh acres. To protect the remaining paddy fields, the Kerala Paddy Land and Wetland Conservation Act was enacted in 2008. This law was not intended for land conversion but to prevent it. As per the Act, agricultural land that had already been converted for non-agricultural purposes until 2008 was excluded, and a database (data bank) was created to safeguard the remaining agricultural lands.
What is the Data Bank?
According to the 2008 Act, a local monitoring committee is formed under Section 5(2) to document paddy fields and wetlands. The data bank prepared using satellite images and maps from the State Land Use Board or central and state scientific and technical institutions, includes detailed information such as survey numbers and land area. The data bank is published through the respective Panchayat, Municipality, or Corporation and is made available for public reference at Panchayat/Municipality/Corporation/Village/Agriculture Offices and on official websites.
How to Apply for Correction of Incorrectly Included Lands in the Data Bank (Form 5)?
If your land has been wrongly included in the data bank, you can apply for correction using Form 5. The following documents are required for the application:
1. Tax receipt.
2. Document proving ownership (such as a title deed).
3. Possession certificate.
4. Survey sketch.
5. Certificate from the Agriculture Officer stating that the land is included in the data bank.
6. A copy of the first page of the data bank and the page containing information about your land.
7. Any supporting photos or documents.
8. Proof of payment of a fee of 100 INR.
9. Ensure that your contact number is provided.
10. After completing the form, print, sign, upload, and submit it.
How to Apply for Land Conversion for Lands Not Included in the Data Bank (Form 6)?
If your land is not included in the data bank, you can apply for land conversion using Form 6, along with the following documents:
1. Proof of land ownership.
2. Tax receipt.
3. Possession certificate.
4. Sketch prepared by an authorized surveyor.
5. Certificate stating that the land is not included in the data bank or a copy of the order from the RDO for removal from the data bank.
6. Affidavit on a 50 INR stamp paper stating that the land is not eligible for fee exemption.
7. specify the purpose of conversion in the form:
- For building construction.
- For commercial purposes.
- For other purposes (mention the specific use, e.g., for use as dry land).
8. For applications in Form 7, reserve 10% of the land for water conservation, marking the conserved area in blue and the converted area in red on the sketch.
9. If the land conversion is for building construction, the application should include the plan of the intended building. If the building exceeds 3000 square feet, an additional fee of 100 INR for each square foot over 3000 must be paid.
Once the application is submitted to the RDO, it is sent to the Village Officer for further processing. The Village Officer will inspect the land to ensure that the conversion does not obstruct the natural flow of water to adjacent agricultural lands. The inspection report must be submitted within 15 days as mandated by law.
Conclusion
Understanding the intricacies of the land conversion process in Kerala is essential for navigating the legal and administrative procedures involved. The 2008 Paddy Land and Wetland Conservation Act, along with its subsequent amendments, aims to protect Kerala's agricultural land while providing mechanisms for correction and conversion. For any specific queries or assistance, Shihab K. K. is available to guide you through the process efficiently. Reach out to him at 9446744422 or hello@kkshihab.com for expert advice.