RAHIM S/O. ABDUL BASHEER Vs. KALLARA GRANA PANCHAYATH

JUDGEMENT

(1.) The petitioner is aggrieved with Ext.P1 order of the Tribunal for Local Self Government Institutions. The question raised before the Tribunal and before this Court is the need to maintain 3 mtr. width as per Section 220(b) of the Kerala Panchayath Raj Act,1994 [for short, the Act] on one boundary of the petitioner's plot wherein there exists allegedly a notified road of the Panchayath. The petitioner, obviously, had obtained a building permit and commenced the construction. When a stop memo was issued on the very same account, appeal No.722 of 2009 was filed before the Tribunal for Local Self Government Institutions, which was allowed and the appellant completed the construction. Subsequent order was challenged in appeal No.772 of 2010 in which also a fresh consideration was directed, which led to the present impugned order passed by the Secretary directing demolition of certain unauthorised constructions in the boundary abutting the Kallara Valakkuzhipacha Road, which is notified under Section 220(b) of the Act.

(2.) The petitioner was originally issued with a no objection certificate as is seen from Ext.P4, wherein the petitioner was directed to make the construction with

(3.) mtrs. width left from Kallara-Pangode PWD road, which according to the petitioner has been complied with. The objection now raised is regarding the boundary abutting the Kallara Valakkuzhipacha Road, which is notified under Section 220(b) of the Act. 3. The Tribunal, on facts, found that by a notification dated 16.07.2007 bearing No.A2/260/07 the Kallara Gramapanchayath has notified the Kallara ARS Valakkuzhipacha Road and hence there is requirement for leaving 3mtr. width as per Section 220(b) of he Act.