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2009 Supreme(Ker) 728

THOTTATHIL B.RADHAKRISHNAN
V. M. Santha – Appellant
Versus
Kozhikode Corporation, Represented by its Secretary, Corporation Building – Respondent


Advocates Appeared:For the Petitioners:K.K. Chandran Pillai, Advocate. For the Respondent: K.D. Babu, SC, Kozhikode Corporation.

Judgment :

1. The petitioners challenge Ext.P8, whereby, their request contained in Ext.P7 has been rejected.

2. The petitioners were issued a building permit for a multi-storeyed apartment complex. They had to leave free space at the request of the Corporation since the land abuts a public road. That public road is essentially a national highway. The National Highway authorities have cleared the proposal. Thus what remains with the petitioners for putting up the building is a large plot, of which, a portion has to be left without any construction in the front. The request of the petitioners that led to the impugned order was for permission to utilise the space available in the front, which is the space left off without construction, as parking space. The impugned order is issued on the premise that the FAR was fixed on the basis of the available land and cannot be modified.

3. Rule 34(2) of Kerala Municipality Building Rules, 1999 provides that "for buildings of different occupancies, off-street parking spaces for motor cars shall be provided within the plot as specified in table 5". Adverting to Rule 2(bm), 'road' means everything stated therein, including a road which is existing

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