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2015 Supreme(Ker) 703

ASHOK BHUSHAN, A.M.SHAFFIQUE
C. M. DINESH MANI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Petitioners: SRI. C.M. SURESH BABU
SRI. G. SANTHOSH KUMAR
For the Respondents: SRI. K.A. JALEEL
SR. GOVT. PLEADER SRI. T.P. SAJID
SRI. P.A. MOHAMMED SHAH
SRI. P. CHANDRASEKHAR
SRI. SOORAJ T. ELENJICKAL
SMT. UMA

JUDGMENT :

Shaffique, J

These public interest litigations are filed by different individuals/organisations seeking for appropriate directions to declare certain provisions of Kerala Municipality Building (Amendment) Rules, 2013 (hereinafter referred to as KMBR, 2013) as ultra vires Articles 14 and 21 of the Constitution of India and also seeking for directions to the Government to amend the provisions of Kerala Municipality Building Rules, 1999 (hereinafter referred to as KMBR, 1999), after considering the report prepared by Expert Technical Committee and after seeking suggestions and opinion from the Disaster Management Authority, Environment Department, Town and Country Planning Ogranisation under the Urban Development Department of Government of India and from other residence associations.

2. Since the issues involved are common, the writ petitions are decided together.

3. For easy reference, we would refer to the averments in WP(C) No.20706/2013. The main contention raised on behalf of the petitioner is that the KMBR, 2013 ought to have been enacted in lines with the National Building Code (for short NBC). By virtue of KMBR, 2013, the rules have been substantially relaxed by the St




























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