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2015 Supreme(Ker) 25

THOTTATHIL B.RADHAKRISHNAN, P.B.SURESH KUMAR
Antony Jayan – Appellant
Versus
State of Kerala, represented by Chief Secretary, Thiruvananthapuram – Respondent


Advocate Appeared:
For the Petitioner:Joby Jacob Pulickekudy, Anil George, K.S. Sumeesh, T. Ancy, Advocates.
For the Respondents:R1 to R6, R8, K.A. Jaleel, Addl. Advocate General, R7, T.K. Ajithkumar (Valath), R10 & R12, M. Gopikrishnan Nambiar, P. Gopinath, P. Benny Thomas, K. John Mathai, Advocates.

Judgment

P.B. Suresh Kumar, J.

1. The petitioner seeks in this writ petition a declaration in public interest that the hospital and allied structures constructed by respondents 10 to 12 pursuant to Ext.R2(a) lay out approval granted by the Chief Town Planner are liable to be demolished.

2. Shorn of details, the facts relevant for the decision of the writ petition are the following:-

The sanctioned Town Planning Scheme of Kochi City authorises the Chief Town Planner to permit land use, notwithstanding the land use permitted as per the zoning regulations, for large scale development proposals involving an investment in excess of 50 Crores and providing employment to more than 500 employees, subject to the recommendation of the committee constituted by the Government for that purpose. A proposal was made by the tenth respondent before the committee constituted by the Government for the said purpose for the construction of a hospital and allied structures in an area of 36.96 acres in Cheranelloor Village with an estimated investment of 1350 crores. Going by the proposal, the project on its completion would generate employment opportunities for about 4500 persons. On 23.11.2010, on an evalu


















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