JUDGMENT The captioned Writ Petitions are materially connected in respect of the issues raised by the petitioners in accordance with the provisions of the Kerala Conservation of Paddy Land & Wet Land Act, 2008 (for brevity, ‘Act, 2008’) and Rules, and the amendments made to thereunder as per the Amendment Act, 2018 vis-a-vis the provisions of the Kerala Land Utilization Order, 1967. Therefore, I heard them together and propose to deliver a common judgment. 2. According to the petitioners, despite the fact that the properties are remaining as ‘garden lands’, it is remaining in the Basic Tax Register as well as in the revenue records as ‘paddy fields’/’Nanjas’. However, in some cases, they are included in the data bank constituted as per the provisions of Act, 2008. Thereupon, applications are filed under the provisions of Act, 2008, for removing the properties from the data bank, and also applications are submitted under Clause 6(2) of the Kerala Land Utilization Order, 1967, before the jurisdictional Revenue Divisional Officers/District Collectors, seeking permission for utilization of the properties for different purposes other than paddy cultivation. 3. Now, as per the amendment Act, 2018, “unnotified lands” are also brought under the purview of Act, 2008 by including Clause (xviiA), by amending S.2 which read thus: “(xviiA) “unnotified land” means the lands within the area of jurisdiction of the Committee which have been included as paddy land or wetland in the basic tax register maintained in Village Offices, but are not notified as paddy land or wetland under sub-section (4) of Section 5 or where data bank has not been published under the provisions of clause (I) of sub-section (4) of Section 5, the lands which have already been filled up on the date of commencement of this Act and are not paddy land according to the report of the Kerala State Remote Sensing Centre and the Local Level Monitoring Committee or where the report of the Kerala State Remote Sensing Centre is not available, lands which are not paddy land according to the report of the Local Level Monitoring Committee”. Likewise, S.14 of the principal Act is amended and after the words “a wetland”, the words “or an unnotified land, nature of which has been changed in contravention of the provisions of this Act” shall be inserted. 4. Likewise, S.14 of the principal Act is amended and after the words “a wetland”, the words “or an unnotified land, nature of which has been changed in contravention of the provisions of this Act” shall be inserted. 4. That apart, S.27A is introduced to the Act, which deals with change of nature of unnotified land, which reads thus: “27A. Change of nature of unnotified land.– (l) If any owner of an unnotified land desires to utilise such land for residential or commercial or for other purpose, he shall apply to the Revenue Divisional Officer for permission in such manner as may be prescribed. (2) Notwithstanding anything contained in any judgment, decree or order of any Court or Tribunal or any other authority, the Revenue Divisional Officer may, after considering the reports of the Village Officer concerned, pass such orders as deems fit and proper on such applications, ensuring that there is no disruption to the free flow of water to the neighbouring paddy lands, if any, through such water conservancy measures as is deemed necessary: Provided that, if the area of such parcel of land where the application is allowed is more than 20.2 ares, ten per cent of such land shall be set apart for water conservancy measures. (3) If the application is allowed, the applicant shall be liable to pay a fee at such rate as may prescribed: Provided that, no such fee shall be collected if the applicant proves that the land where the application is allowed is, filled up or naturally filled up before the 4th day of July, 1967, the date of commencement of the Kerala Land Utilization Order, 1967, after completing such procedure, as may be prescribed. (4) If the application is allowed, the Revenue Divisional Officer shall ensure that the reclamation of the unnotified land shall not adversely affect the cultivation of paddy or any other crops, if any, in the adjoining land and shall specify such water conservancy measures as is necessary to ensure such cultivation: Provided that in specifying such water conservancy measures, the Revenue Divisional Officer may, if he deems fit, refer to satellite maps of the area maintained by Government agencies. (5) No permission under this section shall be necessary where the purpose for which the unnotified land is converted or attempted to be converted or utilised or attempted to be utilised is for paddy cultivation. (5) No permission under this section shall be necessary where the purpose for which the unnotified land is converted or attempted to be converted or utilised or attempted to be utilised is for paddy cultivation. (6) Notwithstanding anything contained in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or in the Kerala Municipality Act, 1994 (20 of 1994), no permission under this section shall be necessary for constructing a residential building having a maximum area of 120 square metres in a maximum extent of 4.04 ares of land or a commercial building having a maximum area of 40 square metres in a maximum extent of 2.02 acres of land: Provided that the construction of a housing complex or complexes or flats or multi-storied residential complexes shall not come within the meaning of residential building specified in this sub-section: Provided further that this exemption shall be granted only once. (7) The exemption under sub-section (6) shall be applicable only to owners of unnotified lands under the Kerala Conservation of Paddy Land and Wet Land (Amendment) Act, 2018: Provided that if the area of the residential building or commercial building exempted under sub-section (6) is subsequently increased by new extension, the exemption under sub-section (6) shall cease to have effect and the owner of the land as on the date of detection of the new extension shall be liable to pay fee as per sub-section (3). (8) x x x x x x x x x x x x x (9) x x x x x x x x x x x x x (10) x x x x x x x x x x x x x (11) x x x x x x x x x x x x x (12) x x x x x x x x x x x x x (13) x x x x x x x x x x x x x”. 5. 5. That apart, in S.5, sub-section (4), after clause (i), the following proviso is inserted: “Provided that any person aggrieved by the entries in the data bank so exhibited, may prefer an application to the Revenue Divisional Officer concerned and the Revenue Divisional Officer shall dispose of such application within a period of three months after following such procedure, as may be prescribed, and in case the Revenue Divisional Officer finds that the land included as paddy land or wetland in the said data bank is not paddy land or wetland, it shall be deemed to have been removed from the data bank”. Likewise, S.27C is incorporated, which deals with changes in records, which read thus: “27C. Changes in records.– (1) Notwithstanding anything contained in any other law for the time being in force or in any judgment, decree or order of any Court, Tribunal or any other Authority, wherever a part of a survey number or subdivision is permitted to be converted under sections 8, 9, 10 or 27A of this Act, a new subdivision shall be created for the extent for which such orders for conversion are issued. (2) Where the paddy land or unnotified land is duly converted as per the provisions of this Act, the Tahsildar shall reassess the land tax under Section 6A of the Kerala Land Tax Act, 1961 (13 of 1961) and make necessary entries in revenue records relating to such lands. (3) Where such changes are recorded in revenue records, the number and date of the order and the authority granting sanction, the survey number of the lands for which sanction has been accorded, extent of the land in each survey number for which sanction has been accorded and the revised land tax shall be clearly recorded ensuring that the old entries are legible. (4) Tahsildar shall conduct periodical inspection to ensure that change in revenue records are in accordance with sub-section (3). (5) No attempt shall be made to alter or change or modify the revenue records relating to the paddy land or wetland or unnotified land otherwise than in accordance with sub-section (3).” 6. (4) Tahsildar shall conduct periodical inspection to ensure that change in revenue records are in accordance with sub-section (3). (5) No attempt shall be made to alter or change or modify the revenue records relating to the paddy land or wetland or unnotified land otherwise than in accordance with sub-section (3).” 6. Section 16 of the Amendment Act, 2018 deals with repeal and saving, whereby the Kerala Conservation of Paddy Land and Wet Land (Amendment) Ordinance, 2018 (30 of 2018) is repealed as per sub-section (1) thereunder, and as per sub-section (2), it is stipulated that, notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act. 7. I have heard learned counsel for the petitioners, learned Additional Advocate General for the State and other learned counsel appearing for Local Self Government Institutions and other parties. Perused the documents on record and the pleadings put forth by the respective parties. 8. Learned counsel for the petitioners submitted that, the respective application submitted by them before the statutory authorities in accordance with Act, 2008 is to be considered by the respective authorities in accordance with the provisions of the Act, 2008 also, to the extent prejudice is caused to the petitioners consequent to the provisions of the Amendment Act, 2018. 9. Learned Additional Advocate General appearing for the State has brought my attention to S.27A introduced in the parent Act, as per the Amendment Act, 2018, wherein, if an owner of an unnotified land desires to utilize such land for residential or commercial or for other purpose, he shall apply to the Revenue Divisional Officer for permission in such manner as may be prescribed. It is also clear from sub-section (2) of S.27A that, notwithstanding anything contained in any judgment, decree or order of any Court or Tribunal, or any other authority, the Revenue Divisional Officer may after considering the reports of the Village Officer concerned, pass such orders as deems fit and proper on such applications, ensuring that there is no disruption to the free flow of water to the neighbouring paddy fields, if any, through such water conservancy measures as is deemed necessary. The proviso thereto makes it clear that, no fee shall be collected, if the applicant proves that the land where the application is allowed is, filled up or naturally filled up before the 4th day of July, 1967, the date of commencement of the Kerala Land Utilization Order, 1967, after completing such procedure, as may be prescribed. 10. As per sub-section (6) of S.27A, notwithstanding anything contained in the Kerala Panchayat Raj Act, 1994 or in the Kerala Municipality Act, 1994, no permission under S.27A shall be necessary for constructing a residential building having a maximum area of 120 square metres in a maximum extent of 4.04 acres of land or a commercial building having a maximum area of 40 square metres in a maximum extent of 2.02 ares of land. However, the proviso thereto stipulates that, the construction of a housing complex or complexes or flats or multi-storied residential complexes shall not come within the meaning of residential building specified in sub-section (6). The second proviso thereto states that, exemption shall be granted only once. Sub-section (7) further provides that, the exemption under sub-section (6) shaft be applicable only to owners of unnotified lands under the Kerala Conservation of Paddy Land and Wet Land (Amendment) Act, 2018. 11. Therefore, according to the learned Additional Advocate General, as per the provisions of S.5, the Local Level Monitoring Committee is still vested with powers to consider any application filed by an owner of a property to remove the property from the data bank. However, if a construction is to be carried out in the property, an application is to be submitted under S.27A in respect of an unnotified land, as is described under S.2(xviiA) of Act, 2008, incorporated as per the Amendment Act, 2018, for the purpose of construction of residential/commercial building or for other allied purposes. 12. I find force in the said contention. However, fact remains, Clause 6(2) of the Kerala Land Utilization Order, 1967 still remains in the statute book, for the reason that, Clause 6(2) deals with permission for utilization of the land for other agricultural purposes also other than paddy cultivation. Therefore, what is taken away from Clause 6(2) of Kerala Land Utilization Order, 1967 is the power vested thereunder with the Revenue Divisional Officer to tackle the application for other purposes prescribed thereunder other than other agricultural crops. 13. Therefore, what is taken away from Clause 6(2) of Kerala Land Utilization Order, 1967 is the power vested thereunder with the Revenue Divisional Officer to tackle the application for other purposes prescribed thereunder other than other agricultural crops. 13. So also, as per sub-section (13) of S.27A, any application received for the change of nature of unnotified land from the date of commencement of the Amendment Act, 2018 shall be considered and disposed of only in accordance with the provisions of the Act. Further, it is clear from S.27C and the allied provisions, the change of records can be made in accordance with the stipulations contained thereunder by filing an application before the Tahsildar in accordance with the provisions of S.27C and re-assessment can be done by the Tahsildar in accordance with S.6A of the Kerala Land Tax Act, 1961. However, a clear embargo is made as per sub-section (5) of S.27C that, no attempt shall be made to alter or change or modify the revenue records relating to the paddy land or wetland or unnotified land otherwise than in accordance with sub-section (3) of S.27C. 14. Learned Senior Counsel/counsel appearing for the petitioners pointed out that, now, as per the first proviso to S.27A(3), a liability is created on the applicant to prove that the land is filled up or naturally filled up before the 4th day of July, 1967, i.e., the date on which the Kerala Land Utilization Order, 1967 came into force, in accordance with such procedure as may be prescribed. The contention advanced is that, in accordance with Clause 6(2) of the Kerala Land Utilization Order, 1967, there is no such procedure prescribed, and therefore, if a burden is cast upon the applicants, there may be innumerable difficulties and inconveniences to the applicants to prove so before the authority, especially, when it is stipulated that, no fee is required to be paid if the land is naturally filled up also before the appointed day. 15. However, on an appreciation of the said proviso, it is evident that, the burden can only be discharged by the applicant, since the factual circumstances leading to filling up of the land or natural filling up before the appointed day can only be established by the applicant. 15. However, on an appreciation of the said proviso, it is evident that, the burden can only be discharged by the applicant, since the factual circumstances leading to filling up of the land or natural filling up before the appointed day can only be established by the applicant. The authorities are not expected to know the date of filling up or natural filling up, though in the revenue records, the details of the nature of each of the land would be available, in accordance with the original tenure. So also, it is evident that, it is only a positive proof that is to be discharged by the applicants. By applying any standards of proof required, burden is on the applicants, since such a claim is raised by the applicants only and the benefits are to be secured by the applicants/claimants. Further by virtue of the entry contained under the Basic Tax Register, a presumption is available under law accordingly. 16. Having heard respective counsel across the Bar and perusing the pleadings and the documents on record, I am of the considered opinion, the following are the outcome of the provisions introduced into Act, 2008, as per the Amendment Act, 2018: (1) If the properties are included in the data bank constituted under Act, 2008, despite the fact it is remaining as a garden land and included in the revenue records and in the BTR as ‘paddy field’, an application shall be filed before the Local Level Monitoring Committee to remove the property from the data bank; (2) If any of the applicants intend to carry out any construction in the property remaining as unnotified land, necessarily, an application will have to be submitted before the Revenue Divisional Officer of the jurisdiction for constructing residential or commercial buildings, or for other purposes similar to the same. (3) Under all other circumstances other than the one specified under S.27A of Act, 2008, applications shall be filed before the Revenue Divisional Officer under Clause 6(2) of the Kerala Land Utilization Order, 1967. (4) All the applications for change of records can only be submitted to the jurisdictional Tahsildar in accordance with the provisions of S.27C of Act, 2008, as amended by Act, 2018. (4) All the applications for change of records can only be submitted to the jurisdictional Tahsildar in accordance with the provisions of S.27C of Act, 2008, as amended by Act, 2018. (5) Any person aggrieved by the entries made in the data bank on account of the map prepared by the State Land Use Board or Centre/State Science and Technology Institutions, on the basis of satellite pictures by incorporating the survey numbers and extent in the data bank, such applications have to be preferred before the jurisdictional Revenue Divisional Officer, in accordance with the proviso to Clause (1) of sub-section (4) of S.5 of Act, 2008, amended as per Act, 2018. 17. Therefore, in my considered view, the amendment caused to Act, 2008 vis-a-vis the existing provisions of Act, 2008 and the Kerala Land Utilization Order, 1967 are clear in accordance with the findings made above. 18. In that view of the matter, there will be a direction to the Local Level Monitoring Committee to consider all the applications submitted by the applicants seeking to remove the property from the data bank in accordance with law, and taking into account the provisions of the Amendment Act, 2018, within three months from the date of receipt of a copy of this judgment. The following directions are also issued. (1) If any applications are pending consideration before the District Collector in respect of an issue as per S.27A of the Act, the same shall be transmitted to the jurisdictional Revenue Divisional Officers. The Revenue Divisional Officers shall consider such applications within three months from the date of receipt of an order from the Local Level Monitoring Committee, taking into account the report of the Village Officer concerned. (2) If in any case, petitioners are having a contention that the property is not included in the data bank, the authenticity of the said submission shall be verified by the Revenue Divisional Officer, from the LLMC or any other authority and attain finality accordingly. (3) Any person aggrieved by the preparation of the data bank, taking into account the report of the authorities prescribed under sub-section (4) of S.5 of Act, 2008, shall make an application to the jurisdictional Revenue Divisional Officer seeking to remove the property from the data bank. (3) Any person aggrieved by the preparation of the data bank, taking into account the report of the authorities prescribed under sub-section (4) of S.5 of Act, 2008, shall make an application to the jurisdictional Revenue Divisional Officer seeking to remove the property from the data bank. (4) If the petitioners are able to secure orders from the respective statutory authorities, as directed above, all the applications pending consideration before any Local Self Government Institutions, seeking permit, shall consider the same, taking into account the orders passed as directed, and in accordance with law. (5) If any permit applications are refused by the Local Self Government Institutions, the applications shall be re-considered, taking into account the orders produced by the applicants irrespective of the findings contained under the refusal order and in accordance with law. (6) If any regularization application is pending consideration, also for the reason of adverse entry made in the revenue records and BTR, the same shall also be considered, taking into account the orders passed by the respective statutory authorities. (7) The Local Self Government Institutions shall also take note of the stipulations contained under sub-section (6) of S.27A, that, no permission under S.27A is required for constructing a residential building having maximum area of 120 square metres in a maximum extent of 4.04 acres of land or a commercial building having a maximum area of 40 square metres in a maximum extent of 2.02 acres of land. (8) Since rules are not framed in accordance with the amendment, and if and when rules necessitate application in prescribed format, respective authority will be at liberty to call for the same from the petitioners and consider the applications accordingly. (9) All questions of law and facts raised, including the vires of the amended provisions are left open to be considered in appropriate proceedings. (10) In all other respects also, the provisions of Act, 2008 as amended as per Act, 2018 will guide the field. (11) All the petitioners are directed to produce copies of the Writ Petition along with appended documents, attested by the Advocate concerned, before the respective statutory authorities, in accordance with the directions contained above, for appropriate action in accordance with the directions contained above. The Writ Petitions are disposed of accordingly.