Important questions concerning the interpretation of Part IX-A of the Constitution of India, the Kerala Municipality Act, 1994 and the Town Planning Act, 1939 arise in these two writ petitions. Since common questions arise, they have been heard together and are disposed of accordingly. W.P.(C) No.24526/2009

2. The issue raised herein pertains to the Town Planning Schemes for Thiruvananthapuram Corporation, especially the Plamoodu area. The petitioner is the owner of properties in Sy. Nos.2101/2.1.1, 2079/1, 2079/1- 1-1 of Kawdiar Village, Thiruvananthapuram Taluk. Ext.P1 series are the true copies of the applications for building permit, location plan, site plan, etc. which relate to the construction of a shopping mall comprising of 2 lakhs sq. ft. The Corporation rejected the application as per Ext.P2 order stating that the proposed site comes under the residential zone of the Government sanctioned General Town Planning Scheme (Master plan) for Thiruvananthapuram and also the property comes under the residential zone of the Government sanctioned Detailed Town Planning Scheme (hereinafter referred to as the D.T.P. Scheme). The petitioner mainly contends that the Master plan for Thiruvananthapuram was notified and published in 1960 under Sections 7, 8 and 9 of the Town Planning Act 1939. The Scheme was sanctioned by the Government vide G.O.(Rt) No.921/71/LAD dated 21.6.1971 under Sections 10 to 12 of the said Act. Ext.P3 is the proposed land use map of the sanctioned master plan which was subsequently varied as per a notification of the year 1975 and sanction was accorded by the Government as per G.O.(Ms) No.99/76/LA SWD dated 27.4.1976. It was further varied in the year 2006 as per G.O.(MS) No.293/06/LSGD dated 23.12.2006. The said variation was sanctioned as per G.O.(MS) No.144/07/LSGD dated 31.5.2007, which is produced as Ext.P4. In these schemes, the petitioner's property remain as "residential", whereas the area next to his property remain as "industrial zone". Ext.P4 Zoning Regulations contains a restriction clause under para 14.3(iv) to the effect that "the provisions of Detailed Town Planning Schemes or Area Development Plans if any will prevail over these regulations." Thus, the relaxation granted in the residential area for mixed use on a land at a depth of 50 meters prescribed in the varied scheme is not available to Plamood area. It is pointed out that the respondents have published a more liberalized scheme as far as Kochi city is concerned, as per Ext.P5 in the year 2007.

3. The D.T.P. Scheme of Plamoodu came into existence as notified under Section 12 of the Town Planning Act, 1939 by G.O.(MS) No.174/92/LAD dated 29.6.1992 (Ext.P6). In an attempt to enlighten the respondents of the necessity to amend the zoning regulations in respect of the area and to provide it as a mixed use area, the petitioner has been moving the third respondent as per Exts.P7 to P9 objections and letters. He moved the Government also by Exts.P10, P11 and P12 and Exts.P13 and P14 are the replies given to the effect that these objections will be considered at the time of revision of the D.T.P. Scheme. The petitioner thereafter undertook the task of preparing an existing scenario map for a D.T.P. Scheme in the area and Exts.P16 to P18 series are the relevant documents. Ext.P19 is a comparative table prepared. This was followed by Exts.P20 and P22 and the petitioner moved the Government under Sections 7, 13 and 35 of the Town Planning Act for considering them, but without any result. It is in these circumstances the writ petition has been filed. W.P.(C) NO.22857/2010

4. The first petitioner is a builder and second petitioner is the owner of property wherein a hospital was functioning. The hospital was shifted to a more convenient area in the year 2007 and according to the petitioners, for the philanthropic activities of the hospital, so as to raise funds they thought of constructing a commercial building in the property measuring 67.