LAWS(KER)-2020-3-94

PERINTHALMANNA MUNCIPALITY Vs. HANEEFA

Decided On March 10, 2020
Perinthalmanna Muncipality Appellant
V/S
HANEEFA Respondents

JUDGEMENT

(1.) This writ appeal appeal is filed by respondent Nos. 1 and 2. in W.P.(C) No. 26322 of 2018 challenging the judgment of the learned single Judge dated 10.12.2019, whereby learned single Judge disposed of the writ petition directing the Municipality to take action if a notice in contemplation of Section 67 of the of the Kerala Town and Country Planning Act, 2016 ('Act, 2016' for brevity) is issued by the writ petitioner to acquire the land in accordance with the procedure prescribed thereunder.

(2.) The writ petition was filed challenging Exhibit P4 notice dated 25.04.2017 issued by the Secretary of the Perinthalmanna Municipality i.e., the second appellant herein, notifying defects in the application submitted by the writ petitioner i.e., the respondent herein, seeking permit to construct a commercial building in Survey No. 38/6 in Perinthalmanna Village that as per the plan submitted the width of the road is 12 meters; however, as per the master plan the width of the road is fixed at 32 meters at the particular place and since the permit can be granted only in terms of the draft master plan, the permit for the construction of the proposed commercial building cannot be considered since it is not in accordance with the master plan. In fact, the writ petitioner has secured a building permit from the Municipality to construct a commercial building having ground plus 1 floor with built up area of 946 square meters. While the construction was going on, the writ petitioner wanted to enlarge the building and it was thereupon he filed an application before the Secretary for construction of additional 3 more floors on the existing building, having a total plinth area of 2593 square meters. It was for the said purpose the writ petitioner filed another building permit application with revised plan.

(3.) Thereupon, the writ petitioner filed a representation dated 04.05.2017 stating that on the date of application for building permit, there was no draft master plan for Perinthalmanna Municipality. It was also pointed out that even if as per the proposal, the road is widened to 32 meters, there is no adverse legal consequences to construct the building. The Secretary of the Municipality, in turn, forwarded the writ petitioner's request to the Regional Town Planner, Malappuram. But, as per letter dated 23.11.2017, the Regional Town Planner informed the Secretary that the building permit can be granted only in accordance with the draft master plan.