State of Kerala Vs Falcon Infrastructures Limited (Kerala High Court)
In State of Kerala Vs Falcon Infrastructures Limited, the Kerala High Court decided a batch of writ appeals involving a common issue concerning the applicability of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (“2008 Act”) to land already granted exemption under the Kerala Land Reforms Act, 1963.
The dispute arose from land owned and possessed by the writ petitioner measuring approximately 24.5 acres located near the Container Road at Kalamassery. The land had been purchased in several lots between 2003 and 2011 through 83 documents with the intention of establishing and operating a Container Freight Station. Construction activity had commenced and certain facilities had been completed as early as 2007.
Out of the total 24.5 acres, approximately 15 acres and 34.45 cents had been covered by orders issued under the Kerala Land Utilization Order permitting use of the land for purposes other than paddy cultivation. However, there was no such permission covering the remaining 9 acres. Subsequently, the State Government issued an order dated 14 June 2018 granting exemption under Section 81(3) of the Kerala Land Reforms Act. Under this exemption, the petitioner was allowed to retain land exceeding the statutory ceiling limit on the condition that the land would be used exclusively for commercial or industrial purposes.
