K.G.BALAKRISHNAN, V.N.KHARE
V. M. Kurian – Appellant
Versus
State Of Kerala – Respondent
Certainly. Here are the key points derived from the provided legal document:
The order passed by the State Government of Kerala directly on an application of the 5th respondent, exempting the provisions of the Rules for constructing an eight-storied building, was found to be contrary to the mandatory provisions of the Rules, particularly Rule 5, and was thus deemed unsustainable in law (!) .
The Rules require that applications for exemption from building regulations must be processed through the Greater Cochin Development Authority (GCDA) and the Chief Town Planner, with specific recommendations provided by these authorities. The absence of such recommendations renders the exemption order invalid (!) (!) (!) .
The meaning of the term "recommendation" in this context implies a "favourable report" or "commendation," and the authorities on the spot, such as the GCDA and the Chief Town Planner, possess the technical expertise to advise on public safety and convenience requirements (!) (!) .
The mere presence of the Chief Town Planner at the meeting does not constitute a recommendation unless there is a formal written endorsement, which was not present in this case (!) .
The order granting exemption without proper recommendations was held to have serious legal infirmities, as it bypassed the procedural requirements mandated by the Rules (!) (!) .
The construction of the high-rise building violated several mandatory provisions of the Rules, including open space requirements, floor area ratio, maximum height restrictions, parking provisions, and safety standards such as fire protection and stairway width (!) (!) .
The Rules are mandatory and are intended to ensure public safety and urban planning standards; deviations of significant magnitude cannot be permitted by exemptions, especially for high-rise constructions (!) .
The exemption granted was found to be contrary to the public safety and convenience objectives of the Rules, and therefore, the order permitting the construction was declared unlawful and set aside (!) (!) .
The judgment emphasized that the procedural and substantive requirements of the Rules must be strictly followed, and any relaxation must be supported by proper, formal recommendations from the relevant authorities (!) (!) .
The appeal was allowed, and the orders of the High Court and the State Government were set aside, reaffirming the importance of procedural compliance and adherence to mandatory building regulations (!) (!) .
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JUDGMENT
V.N. Khare, J.-This is an appeal against the judgment of Kerala High Court dismissing the appellant s writ petition filed against the grant of exemptions from the provisions of the Kerala Building Rules (hereinafter referred to as the Rules ) for construction of an eight storied high rise building in the city of Cochin to the 5th respondent.
2. The 5th respondent herein, owns a plot of land measuring 9.5 cents (384.46 sq. mtrs) in survey No. 312/1, situated at I.S. Press Road in the city of Cochin. On 1.10.1982, the 5th respondent submitted an application directly to the Government of Kerala seeking exemptions from operation of certain provisions of the Kerala Municipal Building Rules, 1968 for the proposed construction of a three storied godown-cum-office on the said plot of land. The government, by a special order dated 12.10.1983, granted exemption from the operation of the Rules 30(1), 30(5)(b), 31(f) and 38(4)(c) of the Rules, subject to the following conditions:
"(i) The front open space will be 6 metre.
(ii) The front bays in the ground floor will also be kept opened for car parking.
(iii) Rear open space will be min
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