A local authority cannot deny an occupancy certificate based on land classification (e.g., wetland) after granting a building permit, if the land is no longer cultivable. Structural deviations from the permit may be regularized through a revised plan and permit renewal.

JUDGMENT :

The petitioners, who are husband and wife, are stated to be in ownership and possession of a total extent of 20.500 cents of land in Sy.No.27/11-5 of Aluva East village. With a view to constructing two residential buildings on the said land, the petitioners applied for and obtained a building permit in the year 2010 for construction of two units, referred to here as Unit -- A and Unit -- B respectively. It is stated that the construction of Unit -A was completed, and the respondent Panchayat allotted a building number to the said unit as well. As regards Unit -- B, after completion of construction, when the petitioners preferred an application for occupancy certificate and allotment of a building number, the same was rejected by the respondent Panchayat by Ext.P6 order, which cites two reasons for the rejection of the application, namely, (1) that the building permit was granted for constructing a building of plinth area of 80.12 sq.metres with one floor, whereas the construction put up by the petitioners was of a two storied building with a total plinth area of 133.84 sq.metres. (2) The land on which the construction was put up was shown as ‘Nilam’ in the revenue records. The learned counsel for the petitioners would submit that, inasmuch as the construction was permitted by the respondent Panchayat by granting a building permit, and thereafter, granting a building number to Unit – A that was put up by the petitioners acting on the building permit, the Panchayat could not object to the nature of the land at this distance of time. As regards the other objection with regard to the construction being in violation of the building permit, it is the submission of the learned counsel for the petitioners that a revised building plan can be submitted before the respondent Panchayat for its consideration in the matter of regularisation of the construction of Unit -- B. The learned counsel for the respondent Panchayat would submit that, the building permit originally granted to the petitioners was in 2010, and two renewals have already been granted to the said building permit, and if the petitioners want to now submit a revised plan for consideration of the Panchayat, then they would also have to make an application for renewal of the building permit for the last term in order to support the application for consideration of the revised building plan. Taking note of the rival submissions, and finding that the issue as regards the nature of the land on which the construction was put up cannot be raised at this distance of time by the Panchayat and, at any rate, that the lands cannot now be used for cultivation of any paddy or other food crop, I dispose the Writ Petition by directing the petitioners to submit an application for renewal of the building permit, along with a revised plan to support the construction actually made in respect of Unit -- B, before the respondent Panchayat within a period of two weeks from the date of receipt of a copy of the judgment. On receipt of the said application from the petitioners, the respondent Panchayat shall consider the same in accordance with the provisions of the Panchayat Raj Act and Rules but without reference to any objection as to the nature of the land. The respondent Panchayat shall pass orders in the matter within six weeks from the date of receipt of the application/revised plan from the petitioners. The fate of the provisional number already allotted in respect of Unit-B pursuant to the interim order of this Court, shall be determined by the order to be passed by the respondent Panchayat pursuant to the directions in this judgment.