NASAR Vs. MALAPPURAM MUNICIPALITY

JUDGEMENT

(1.) Learned standing counsel appears for the Municipality. These petitions are filed challenging different decisions of authorities under the Malappuram Municipality refusing to grant building permits applied for under the Kerala Minicipality Building Rules, 1999, hereinafter referred to as the "KMBR" on the ground that Detailed Town Planning Scheme, hereinafter, "DTPS", for short, as available in relation to that municipal area, namely, the Town Planning Scheme published in terms of G.O (Ms) No. 74/90/LAD dated 24-5-1990 published as S.R.O No. 1464/90 in the Kerala Gazette dated 23-10-1990, does not provide for the grant of permit as sought for by the petitioners in the different cases, in as much as if such permits are granted, they would be in violation of the classification of municipal area into different zones which are earmarked for different purposes. The DTPS also would have green belts which are exclusively meant for maintaining the sustained development of the ecological factors.

(2.) In some of the cases, the competent authority under the Kerala Land Utilization Order, 1967 issued under the Essential Commodities Act, 1955 has granted permits to convert lands for the purpose of putting up buildings. Even in those cases, the Municipality has refused permits on grounds relatable to the provisions of the DTPS.

(3.) The respondent Municipality has come on record with the counter affidavit which is adopted in the different matters, placing therewith the G.O.(ms) No. 338/2008/ LSGD dated 22nd December, 2008 whereby the Government has proposed to issue a notification varying the 1990 Scheme. The exercise being undertaken under the 2008 Government Order is expressed to be under the provisions of the Madras Town Planning Act, 1920 and on the premise that the 1990 Scheme requires to be varied for the purpose of making the zoning Regulations compatible to the present development scenario.