IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 10248 of 2010(E) -------------------------------------- PETITIONER(S): ----------------------- KAIPADATH PROPERTY DEVELOPMENT COMPANY (PVT) LTD., REP. BY ITS MANAGING DIRECTOR ABDULLA KAIPADATH REP. BY HIS POWER OF ATTORNEY HOLDER M.ANTONY, S/O.MICHAEL, RESIDING AT PUTHOOR HOUSE, AMBALAPUZHA, ALAPPUZHA. BY SRI.M.K.DAMODARAN, SENIOR ADVOCATE BY ADVS. SRI. M.NARENDRA KUMAR SRI.R.SUDHIR SMT.LAYA SIMON RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 4. THE TAHASILDAR, THRISSUR. ADDL.ADVOCATE GENERAL SRI.RENJITH THAMPAN BY GOVT. PLEADER SRI.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2010, THE COURT ON 20/01/2011 DELIVERED THE FOLLOWING: tss W.P.(C) NO.10248/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALE DEED NO.2938/07 OF SRO, THRISSUR DTD. 7.307. P2:- COPY OF THE ORDER DTD. 17.8.1994 SANCTIONING CONVERSION OF WET LAND INTO PARAMBA IN SY. NO.309AND 311/1 IN KOORKANCHERRY VILLAGE. P3:- COPY OF THE ORDER DTD. 17.8.1994 SANCTIONING CONVERSION OF WET LAND IN SY. NO.3121/1 AND 312/1 OF KOORKANCHERRY VILLAGE. P4:- COPY OF THE NOTICE DTD. 25.1.2010. P5:- COPY OF THE OBJECITON FILED BY THE PETITIONER DTD. 17.2.2010. P6:- COPY OF THE ORDER NO.B3-2144/10 DTD. 10.3.2010 ISSUED BY THE DISTRICT, COLLECTOR. P7:- COPY OF THE RAMSAR LIST. P8:- COPY OF THE REPORT AS APPEARED IN THE MATHRUBHUMI DAILY DTD. 1.4.2010. P9:- COPY OF THE ORDER NO.K.DIS 7546/94 DTD. 2.9.1994. P10:- COPY OF THE ORDER NO.K.DIS 7548/94 DTD. 2.9.1994. P11:- COPY OF THE PROCEEDINGS OF THE RDO, THRISSUR DTD. 4.3.1995 AND 30.6.1995. P12:- COPY OF THE AFFIDAVIT SHOWN TO BY LIEO LOUIS DT.D 5.4.2010. P13:- COPY OF THE AFFIDAVIT SHOWN TO BY RAFFY ANTONY DTD. 5.4.2010. P14:- COPY OF THE RETURN SUBMITTED BY THE PETITIONER. P15:- COPY OF THE GO(RT) NO.1293/200/LSGE THIRUVANANTHAPURAM DTD. 23.3.2000. P16:- COPY OF THE INTIMATION DTD. 18.12.2009. P17:- COPY OF THE APPLICATION FILED UNDER THE RIGHT TO INFORMATION ACT DTD. 4.5.2010 . P18:- COPY OF THE REPLY DTD. 24.5.2010 THE DETAILS OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND. P19:- COPY OF THE MAHZAR, INCLUDING THE SKETCH DTD. 30.6.1994 PREPARED BY THE VILLAGE OFFICER, KOORKENCHERRY. S.P.(C) NO.10248/2010 :2: P20:- COPY OF THE APPLICATION SUBMITTED BY THE PREDECESSOR IN INTEREST OF THE PETITIONER DT. 25.6.1994. P21:- COPY OF THE ANOTHER APPLICATION SUBMITTED BY THE PREDECESSOR IN INTEREST OF THE PETITIONER DTD. 29.4.1994. P22:- COPY OF THE MAHZAR DTD. 10.5.1994 TOGETHER WITH THE SKETCH PREPARED BY THE VILLAGE OFFICER. P23:- COPY OF THE SANCTION ORDER K.D.S. NO.922/94 DTD. 16.3.1994, KOORKENCHERRY VILLAGE, SY. NO.309, 311/1, 313/1, TOTAL EXTENT 4.8.500 ACRES. P24:- COPY OF THE SANCTION ORDER K.D.S. NO.7360/94 DTD. 17.8.1994, KOORKENCHERRY VILLAGE , SY. NO.309,3112,313, TOTAL EXTENT 5.27.500 ACRES. P25:- COPY OF THE SANCTION ORDER K.D.S. NO.7361/94 DTD. 17.8.1994, KOORKENCHERRY VILLAGE, SY. NO.311/1, 312/1, TOTAL EXTENT 6.97.500 ACRES. P26:- COPY OF THE SANCTION ORDER K.D.S. NO.7362/94 DTD. 17.8.1994, KOORKENCHERRY VILLAGE , SY. NO.309, 311/1, EXTENT 7.53.000 ACRES. P27:- COPY OF THE SANCTION ORDER K.D.S. NO.7546/94 DTD. 2.9.1994, ARANATTUKARA VILLAGE, SY. NO.824, 826, TOTAL EXTENT 7.66.875 ACRES. P28:- COPY OF THE SANCTION ORDER K.D.S. NO.7547/94 DTD. 2.9.1994 ARANATTUKARA VILLAGE, SY. NO.824/1, 613/2, TOTAL EXTENT 7.86.000 ACRES. P29:- COPY OF THE SANCTION ORDER K.D.S. NO.75478/94 DTD. 2.9.1994, ARANATTUKARA VILLAGE, SY. NO.826/1, 3, TOTAL EXTENT 7.78.125 ACRES. P30:- COPY OF THE GO(RT0 NO.342/2001/LSGD DTD. 28.1.2002. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE WORK ORDER ISSUED BY CORPORATION ENGINEER DTD. 21.1.2010. R1(b):- COPY OF THE REPORT PUBLISHED IN THE MALAYALA MANORAMA DTD. 25.5.2010. R1(c):- COPY OF THE PHOTOGRAPH PUBLISHED IN MADHYAMAM DTD. 25.5.2010. R1(d):- COPY OF THE LETTER ISSUED BY THE AGRICULTURAL OFFICER AYYANTHOLE TO SECRETARY OF ELTHURUTHU SERVICE CO-OPERATIVE SOCIETY DTD. 4.9.2010. R1(e):- COPY OF THE PHOTOGRAPHS SHOWING THE COLLECTION OF WATER IN THE AREA. W.P.(C) NO.10248/2010 :3: ANNEXURE A:- COPY OF THE RELEVANT PAGES OF DATA BANK OF KOORKKECHERRY VILLAGE. ANNEXURE B:- COPY OF THE RELEVANT PAGES OF DATA BANK OF ARANATTUKARA VILLAGE. ANNEXURE C:- COPY OF THE RELEVANT PAGES OF THE REGISTER OF LANDS OF KLDC. ANNEXURE D:- COPY OF THE POWER OF ATTORNEY NO.1064/IV/2006 DTD. 1.11.2006. ANNEXURE E:- COPY OF THE PROCEEDINGS OF DISTRICT COLLECTOR, TRICHUR DTD. 26.10.09. ANNEXURE F:- COPY OF THE REPORT OF THE ADDITIONAL TAHSILDAR, TRICHUR. ANNEXURE R2(A):- COPY OF THE RELEVANT PORTION OF THE INFORMATION SHEET ON RAMSAR WET LANDS. ANNEXURE R2 (B):- COPY OF THE NOTICE DTD. 15.3.2010 ISSUED TO THE OWNER. ANNEXURE R2(C):- COPY OF THE PROHIBITORY ORDER DTD. 17.1.2010 ISSUED BY THE RDO, THRISSUR. ANNEXURE R2(D):- COPY OF THE PROHIBITORY ORDER DT.D 19.1.2010 SISUED BY THE RDO, THRISSUR. ANNEXURE R2(E):- COPY OF THE SEIZURE MAHASAR OF THE S.I. OF POLICE, NEDUPUZHA DT. 6.1.2010. ANNEXURE 22(F):- COPY OF THE MAHASAR OF S.I. OF POLICE, THRISSUR TOWN WEST DT. 28.10.09. ANNEXURE R2(G):- COPY OF THE COMPLAINT DTD. 7.1.2010. ANNEUXRE R2(H):- COPY OF THE ORDER ISSUED BY THE R.D.O. THRISSUR DT. 17.1.10. ANNEXURE R2(I):- COPY OF THE REPORT SUBMITTED BEFORE THE DISTRICT COLLECTOR ON 21.1.2010. ANNEXURE R2(J):- COPY OF THE PROHIBITORY ORDER ISSUED BY the RDO THRISSUR DTD. 19.1.2010. ANNEXURE R2 (K):- COPY OF THE NEWS REPORT PUBLISHED IN MATHRUBHOOMI DAILY DTD. 20.1.10. ANNEXURE R2 (L):- COPY OF THE JUDGMENT DTD. 3.2.10 IN THE ABOVE WPC. 2449/10. W.P.(C) NO.10248/2010 :4: ANNEXURE R2(M):- COPY OF THE PROCEEDINGS OF THE THRISSUR CORPORATION. ANNEXURE R2(N):- COPY OF THE SKETCH SHOWING THE LIE OF THE PROPERTY. ANNEXURE R2(O):- COPY OF THE TAX RECEIPT DTD. 9.12.2009. ANNEXURE R2(P):- COPY OF THE RELEVANT PAGES OF BASIC TAX REGISTER OF THE KOORKKANCHERI VILLAGE. ANNEXURE R2(Q):- COPY OF THE GAZETTE NOTIFICATION DTD. 30.4.2009. ANNEXURE R2 (R)- COPY OF THE G.O.(MS) NO.411/2010/REV. DTD. 29.1.2010. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10248 of 2010- - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2011. JUDGMENT The writ petition concerns an order passed by the District Collector, viz. Ext.P6. whereby the petitioner was directed to remove the entire earth or any other material used for converting the wet land and to restore the land to its original position and to make it fit for paddy cultivation. Important questions have been raised regarding the interpretation of Kerala Conversation of Paddy Land and Wet Land Act and Rules, 2008. 2. The brief facts for the disposal of the writ petition are the following: The petitioner is a private limited company represented by its Managing Director through his power of attorney holder. The case of the petitioner is that the petitioner company purchased as per Ext.P1 sale deed No.2938/2007 of SRO, Thrissur, an extent of 22 acres and 77.700 cents of land in Sy Nos.309/p, 311/1 and 312/1 in Koorkancherry Village and certain properties in Aranattukara Village. The predecessor-in-interest of the petitioner had obtained permission under the Kerala Land Utilisation Order, 1967 for conversion of the land into paramba as per Exts.P2, P3 as well as Exts.P9 and P10 orders. It is pointed out that even in the sale deed wpc 10248/2010 2 it is recited that the property covered by it is partially reclaimed on the basis of the sanction orders. Nearby people were using it for dumping waste materials for the last 15-20 years. 3. Ext.P4 is a notice issued by the District Collector under the Act alleging illegal conversion of paddy land comprised in Sy. Nos.309/p, 311/1, 312/1 and 313/1 of Koorkancherry Village and Ext.P5 is the objection filed by the petitioner. Finally, by rejecting the contentions, Ext.P6 order has been passed. 4. The District Collector, while overruling the contentions of the petitioner, stated that the illegal action of the petitioner to convert the property was complained of by one Shri K. Baby and Shri V.S. Sunilkumar M.L.A. The reports of the Agricultural Officer the Revenue Divisional Officer and Tahsildar, have also been relied upon in the order. It is the finding of the District Collector that there was no conversion from 1994 till 2007, the date of purchase of the property as evident from the statement of the predecessor in interest. The attempt made by the petitioner in the year 2008 led to the issuance of a show cause notice and a stop memo and again after the coming into force of the Act, 2008 an attempt was made to covert the land which led to Ext.P6 order. The findings of the District Collector in Ext.P6 in a nutshell, are that the land involved is “Kole land”, a wet land wpc 10248/2010 3 used for paddy cultivation. These lands are declared as Ramsar sites which need conservation and there is total prohibition on reclamation of such wet land, under the Act. All orders issued under the Kerala Land Utilisation Order have become inoperative after the coming into force of the Kerala Conversion of Paddy and Wet Land Act, 2008. The unauthorised conversion is after the coming into force of the Act and therefore the action is purely illegal and the property is liable to be restored to its original position, and to make it fit for paddy cultivation. 5. Heard learned Senior Counsel for the petitioner Shri M.K. Damodaran, for the petitioner and Shri Ranjith Thampan, learned Addl. Advocate General appearing for the respondents. 6. Learned Senior Counsel appearing for the petitioner Shri Damodaran mainly contended that the provisions of the Act have not been implemented as the Local Level Monitoring Committee is yet to be formed and hence the identification and earmarking of properties as 'paddy land' and 'wet land' is yet to take place. Referring to the various provisions of the Act, it is further pointed out by the learned Senior Counsel that a notification in terms of Section 5(4) of the Act and Rules is essential for various authorities to initiate any proceedings under the Act and hence in the absence of such a notification the District Collector was acting in the wpc 10248/2010 4 matter illegally and without jurisdiction. With regard to the alleged finding by the District Collector that the orders under the Kerala Land Utilisation Order have become inoperative, it is pointed out that the Kerala Land Utilisation Order is in force even now and there is no repeal of the same and therefore the orders issued under the said Order are in force and have not been invalidated. The land was partially converted as evident from the document Ext.P1 itself and it is not a case where any attempt was made after the coming into force of the Act. The remaining part is not fit for cultivation, which was stopped some 20 years back. Learned Senior Counsel for the petitioner referred to various decisions of the Apex Court and this Court to contend for the position that as the Act is not retrospective, the vested right under the Kerala Land Utilisation Order cannot be affected by the provisions contained in the new Act. It is further pointed out that there is no paddy cultivation in and around the locality and the very premise under which the provisions have been sought to be implemented, cannot be supported. It is finally contended that it is a high handed action at the instance of the Government and the local politicians and therefore the petitioner has no other remedy than to approach this Court. 7. These contentions have been opposed by the learned Additional Advocate General appearing for the State. It was mainly argued that the wpc 10248/2010 5 writ petition itself is not maintainable as several disputed questions of facts have arisen for consideration which cannot be resolved by this Court under Article 226 of the Constitution of India. There is an effective remedy of revision under the Act to approach before the Government. The Public Trust Doctrine will apply here because conservation of paddy land and wet land is one of the avowed objects of the Act itself and the kole lands are included in the Ramsar sites declaration. It is vehemently contended that the orders issued under the Kerala Land Utilisation Order cannot be taken of advantage by the petitioner. It is pointed out that the total extent purchased by the petitioner is more than 22 acres which is in violation of the Kerala Land Reforms Act and proceedings have been initiated for violation of the provisions of the Act. It is further pointed out that only part of the area have been converted, out of which the properties in Sy. No.313 do not come within items of the properties purchased by the sale deed and while referring to other documents produced, it is pointed out that even part of the puramboke land situated nearby, has been attempted to be converted. It is also pointed out that the unauthorised filling of the paddy land cannot be justified and the statutory authorities and the Government are bound to protect the paddy lands and wet lands from illegal conversion. 8. Before going into the contentions of the parties, it is worthwhile to wpc 10248/2010 6 refer to the various provisions of the Act. The Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short 'the Act') was brought into force on 12.8.2008. The statement of objects and reasons gives in detail the necessity and the importance to support the ecological system and to prevent unauthorised filling up of paddy lands and wet lands. It is principally brought into force to conserve paddy land and wet land and therefore the indiscriminate and illegal filling of the same is sought to be prohibited under the Act. Section 2 (xii) of the Act defines 'paddy land' as follows: “(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.” Wetland is defined under Section 2(xviii) of the Act which is in the following terms: “(xviii) “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 charactrized 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.” wpc 10248/2010 7 The other important definitions noticeable are that of 'conversion' and 'reclamation' under Sections 2(iii) and 2(xv) of the Act. 9. Section 3 contains the 'prohibition on conversion or reclamation of paddy land'. Section 3(1) provides as follows: “On and from the date of commencement of this Act, the owner, occupier or the person in custody of any paddy land shall not undertake any activity for the conversion or reclamation of such paddy land except in accordance with the provisions of this Act.” 10. The main arguments have been centered on the effect of Section 5(4) of the Act and it is profitable to extract Section 5 itself in full which is given below: “5. Constitution of Local Level Monitoring committee.-- (1) There shall be a Local Level Monitoring Committee in each Panchayat or Municipality, consisting of the members specified in sub-section (2), for the purpose of monitoring the implementation of the provisions of this Act. (2) The composition of the Committee shall be as follows:-- (i) The President or Chairperson/Mayor of the} Grama Panchayat or the Municipality or } Chairman the Corporation, as the case may be; } (ii) The Agricultural Officer/Officers having } jurisdiction in the Grama Panchayat or } Member/ Municipality/Corporation; } Members (iii) Village Officer/Officers having jurisdiction} Member/ wpc 10248/2010 8 in the said area; } Members (iv) Three representatives of farmers in the } Panchayat/Municipality/Corporation to be } nominated in such manner, as may be } prescribed } The Agricultural Officer shall be the Convenor of the Committee. (3) The Committee shall have the following powers, namely:-- (i) Subject to the provisions of this Act, to recommend to the State Level Committee or District Level Authorised Committee, as the case may be, for the reclamation of paddy land, for public purpose or for construction of residential building for the owner of the paddy land: Provided that the Committee shall not recommend for filling of paddy land of more than ten cents in a Panchayat or five cents in a Municipality/Corporation, as the case may be, for the construction of residential building for the owner of the paddy land; (ii) to inspect the paddy land situated within the jurisdiction of the Committee to monitor whether the provisions of this Act are being complied with and to report to the Revenue Divisional Officer regarding violations, if any, of the provisions of this Act; (iii) to examine the complaints received from the public regarding the attempts to violate the provisions of this Act and to intervene in the issue to prevent such violation; (iv) to examine the reason for keeping the paddy land fallow and to suggest remedial measures so as to persuade the wpc 10248/2010 9 holder of paddy land to cultivate it with paddy or any intermediary crops; (4) The Committee shall perform the following functions, namely:-- (i) to prepare the data-bank with the details of the cultivable paddy land and wetland, within the area of jurisdiction of the Committee, with the help of the map prepared or to be 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 and get it notified by the concerned Panchayat/Municipality/Corporation, in such manner as may be prescribed, and exhibit the same for the information of the public, in the respective Panchayat/Municipality/Corporation Office and in the Village Office/Offices; (ii) to make alternate arrangements under Section 16 where a paddy land is left fallow without taking steps in spite of the instructions given by the Committee under item (iv) of sub-section (3); (iii) to prepare detailed guidelines for the protection of the paddy lands/wetlands in the areas under the jurisdiction of the Committee; (iv) to collect the details of the paddy land within the area of jurisdiction of the Committee, reclaimed in contravention of the provisions of any law for the time being in force, before the date of commencement of this Act and to give wpc 10248/2010 10 the report to the Revenue Divisional Officer; (v) to perform such other functions, as may be prescribed from time to time. (5) The quorum for a meeting of the Committee shall be three and it shall meet as and when required and the venue for the meeting shall be the respective Panchayat Office and the time of meeting shall be fixed by the Chairman. (6) The Committee may decide the procedure for its meetings and the concerned Agricultural Officer shall keep the proper minutes of the meeting signed by every person attended.” Section 7 provides that the Agricultural Officers shall be the reporting officers, in respect of the paddy land in the area under their jurisdiction and it shall be their responsibility to report the Revenue Divisional Officer regarding any act in violation of the provisions of this Act. If any paddy land is kept fallow during any agricultural season, the Agricultural Officer shall inform that matter also to the Committee. Sub-section (2) of Section 7 provides that “wilful omission to make a report under sub-section (1), regarding the contravention of the provisions of the Act shall be deemed to be an offence under Section 23. Sections 8 and 9 refers to constitution of State Level Committee and District Level Authorised Committee. Section 10 confers power on the Government to grant exemption. Section 11 wpc 10248/2010 11 prohibits reclamation of wetland which is extracted below: “11. Prohibition on reclamation of wetland.-- On and from the date of commencement of this Act, the wetlands of the State shall be maintained as such and there shall be a total prohibition on reclamation of such wetland and removal of sand therefrom: Provided that nothing contained in this section shall affect the removal of slurry and mud to maintain the ecological condition of such wetland.” Section 12 relates to appointment of Authorised Officers and their powers. Sub-sections (1) and (2) of Section 12 are relevant here, which are extracted below: “12. Appointment of Authorized Officers and their Powers.-- (1) The Government may, by notification in the official Gazette, appoint such officers of the Revenue Department not below the rank of Revenue Divisional Officer as authorized officers and may determine the area of jurisdiction within which they shall exercise their powers under this Act. (2) The Authorized Officer may, for the purpose of inspecting whether any of the provisions of this Act have been violated, or to prevent the commission of any of the offences under this Act.-- (a) enter any premises or any place connected therewith with such preparation as he thinks necessary for the inspection or investigation into the alleged offence under this Act; (b) require any person to stop any act in contravention of wpc 10248/2010 12 Section 3 or Section 11; (c) seize any vessel, vehicle or other conveyance or any implements used or purported to be used in contravention of the provisions of this Act and send a report to the Collector for initiating proceedings for their confiscation; (d) require any person to furnish such information as he may consider necessary; (e) take photographs, make inventories or do other things necessary for collecting evidence regarding the commission of the offence and send a report to the Court of competent jurisdiction in order to prosecute the accused.” The District Collector invoked the power under Section 13 of the Act while passing Ext.P6 and the argument was centered on the scope of the Section. Section 13 is extracted below: “Power of the District Collector.-- Notwithstanding anything contained in the Act, the Collector may take such action, as he deems fit, without prejudice to the prosecution proceedings taken under the Act, to restore the original position of any paddy land reclaimed violating the provisions of this Act, and realize the cost incurred in this regard from the holder or occupier of the said paddy land, as the case may be, so reclaimed after giving him a reasonable opportunity of being heard.” 11. The entire scheme of the Act shows that the purpose of the Local Level Monitoring Committee is to monitor the implementation of the wpc 10248/2010 13 provisions of the Act. The powers of the Committee are conferred under sub-section (3) of Section 5. Going by sub-section (ii) of Section 5(3), they have got power to inspect the paddy land situated within the jurisdiction of the Committee to monitor whether the provisions of the Act are being complied with and to report to the Revenue Divisional Officer regarding violations, if any, of the provisions of the Act. Sub-section (iii) confers power to examine the complaints received from the public regarding the attempts to violate the provisions of the Act and to intervene in the issue to prevent such violation. Under sub-section 4(iv) of Section 5, the Committee has got the function to collect the details of the paddy land within the area of jurisdiction of the Committee, reclaimed in contravention of the provision of any law for the time being in force, before the date of commencement of the Act and to give the report to the Revenue Divisional Officer. 12. Section 5(4)(i) relates to the preparation of data-bank with details of the cultivable paddy land and wetland, within the area of jurisdiction of the Committee. For this purpose, they can seek the assistance of the map prepared or to be prepared by the State Land Use Board or Centre-State Science and Technology Institutions and that too on the basis of