Judgename : ANTONY DOMINIC
M.Peermohammed - Appellant
Versus
Chirakandam Grama Panchayath Rep.Assistant Executive Engineer [Pwd] - Respondents
Case No : W.P.(C) Nos. 8948, 8987, 11794, 11814, 12320, 12612, 12668 & 13880 OF 2008
Decided On : 07/03/2008
Kerala Highway Protection Act ,1999 -Section. 18 -Writ Petitions being common, these cases are disposed of by this judgment first dispose of W.P.(C) No.8987/2008 -Petitioner submits that by Sale Deed No.2778/1 dated 21.12.2007, he has purchased 5.19 Ares of land situated in Block No.36 of Pampady Village court wanted to construct a residential house and submitted a building plan before the Pampady Grama Panchayat for obtaining necessary permit plot is abutting the National Highway, Exts.P2 and P3 applications were made for obtaining No Objection Certificate and permission for access to the highway -Held, Petitioners submit that in view of the Government Order dated 18.10.2007 and the Chief Engineer's letter dated 6.2.2008, their applications for NOC are proposed to be rejected by the Executive Engineer, NH(R) Division, Muvattupuzha, the3rd respondent in the three Writ Petitions. In view of the findings in the judgment in W.P.(C) No. 8987 of 2008, these Writ Petitions are also disposed of directing that the 3rd respondent shall consider the applications of the petitioners in these cases, in the light of the aforesaid judgment -Petitions are disposed
The issue raised in all these writ petitions being common, these cases are disposed of by this judgment. For convenience, I shall first dispose of W.P.(C)No.8987/2008. W.P.(C) No. 8987 of 2008:
2. Petitioner submits that by Sale Deed No.2778/1 dated 212.2007, he has purchased 5.19 Ares of land situated in Block No.36 of Pampady Village. He wanted to construct a residential house and submitted a building plan before the Pampady Grama Panchayat for obtaining necessary permit. Since his plot is abutting the National Highway, Exts.P2 and P3 applications were made for obtaining No Objection Certificate and permission for access to the highway.
3. On receipt of the applications from the petitioner, the 1st respondent Panchayat referred the matter to the 4th respondent, the Executive Engineer, National Highway, Roads Division, W.P.(C) Nos. 8948/08 & connected cases. Muvattupuzha, seeking NOC from him. The 4th respondent considered the matter and by his order on Ext.P4, declined to grant NOC stating that the building comes within the Building line and Control line, against the norms in the Kerala Highway Protection Act 1999. On receipt of Ext.P4, the 1st respondent issued Ext.P5 informing the petitioner that since the National Highway authorities have declined to grant NOC, the 1st respondent was unable to consider his request for building permit.
4. Petitioner submits that the reason stated for declining NOC is the directions issued by the Government vide its letter dated 110.2007 and the 3rd respondent, vide his letter dated 06.02.2008, copies of which are produced and marked as Exts.P6 and Ext.P7 respectively. It is in the aforesaid back ground this writ petition has been filed praying for quashing Exts.P4 to P7 and to direct the 4th respondent to consider the applications of the petitioner and to grant the NOC sought for.
5. It was by Ext.P4 that the 1st respondent sought NOC from the 4th respondent and on this communication itself the 4th respondent has passed the order declining NOC. This document also contains the recommendation of the Assistant Executive W.P.(C) Nos. 8948/08 & connected cases. Engineer, National Highway, Sub Division, in the following terms:
"Sir, The application for the construction of the building beside the NH 220 at KM 117/050 does not complying with the set back stipulated in the order mentioned below. Hence the application may be rejected. (1) As per order No. NH 5D 10-2815/03 (A) of the Chief Engineer PWD, National Highway, Thiruvananthapuram 06.02.2008. (2) Government Order No.24935/H1/04/PWD of Govt. of Kerala, Public Works (H) Departt. TVM dated 110.2007". Accepting the aforesaid recommendation, the Executive Engineer, the 4th respondent herein, passed the following order:
"Chief Engineer, PWD, NH, Thiruvananthapuram vide letter No. 5D/10/2815/03 (A1) dated 06.02.2008 has directed me not to issue any NOC within Building line and Control line against norms in the Highway Protection Act. Hence as per the report of the Assistant Exe. Engineer, NH, Sub Division, Kanjirappally and as directed by Chief Engineer, the application is rejected".
.6. Ext.P6 is the letter dated 110.2007 referred to by the Assistant Exe. Engineer, which was issued on behalf of the Secretary to Government, Public Works (H) Department, forwarding a copy of the minutes of the meeting held in the Chief Ministers Conference W.P.(C) Nos. 8948/08 & connected cases. Hall on 01.08.2007, wherein it was decided to fix the Building line and Control line of National Highways, State highways and Major District Roads in the State as follows:
.By this letter the Chief Engineer, NH & Admn., PWD, Thiruvananthapuram was requested to take immediate action to issue the notification in the matter by the competent authority as provided under the Kerala Highway Protection Act 1999.
.7. Ext.P7 is the Chief Engineers letter dated 06.02.2008 referred to by the Assistant Executive Engineer, in his recommendation and the Executive Engineer in his
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