The increase in land conversion cases in the High Court in recent years indicates a pressing need for attention and action in this vital area.. The common problem arises in the databank procedure, delay of the application and improper report by the side of the officers and Revenue Divisional Officer (RDO). The form 5 Application is used to convert the wetlands included in the databank. The Form 6 application is used for the land that is not included in the databank and less than 50 cent of land owners can submit Form 6 application.The Form 6 Application submitted under the Kerala Conservation of Paddy Lands and Wet Land Act and Rules 2008. The documents required for the Form 6 Applications.
Property Documents
Tax receipt
Possession certificate
Survey sketch
Data Bank statement copy
Certificate from Agriculture Officer
Satellite report
Property photo
The applicant should upload the proof that the property is not listed in the databank is the important document in the form 6 Application procedure. Sometimes old property deeds can show the property as a wetland. However, that's not considered the property is not part of the databank.
The form 6 Application Holded by the report of Local Level Monitoring Committee LLMC. The village officer and agricultural officer must submit the report within one month. After the report of officers the form 6 application is approved by RDO and the land owner can use the property for their beneficial purpose.
If a form 6 application is denied due to a report from a village officer or an agricultural officer, the landowner has the right to file a petition in the high court. These types of cases are classified as civil consequences. The agricultural officer submits the paddy land report, whereas the village officer submits the wet land reports.
Section xvii) “wetland” means land lying between terrestrial and aquatic systems, where the water table is usually at or near the surface or which is covered by shallow water or characterized by the presence of sluggishly moving or standing water, saturating the soil with water and includes backwaters, estuary, fens, lagoon, mangroves, marshes, salt marsh and swamp forests but does not include paddy lands and rivers;
section xii) “paddy land” means all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like bunds, drainage channels, ponds and canals;
Advocate Neeraj T Narendran, High Court of Kerala Lawyer
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