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 State Government in total violation of the NBC which has been scientifically framed and without taking into consideration the report of Technical Committee and various other parameters involved in the matter. It is further contended that the Government had no power to effect the amendments in the Building Rules and even otherwise, the amendments were made without considering the report of the Technical Committee which was constituted by the Revenue Department in consultation with the Local Self Government Department. Petitioner points out that relaxation has been made in the KMBR, 2013 with reference to Floor Area Ratio (FAR) making them vulnerable not only to earthquakes but also disaster management measures. It is pointed out that the FAR had been increased from 2.5 to 4 whereas in other cities, the maximum permissible FAR is between 2 to 2.5. This increase in the FAR would cause substantial density in the population which would affect all the planning schemes in respect of the State.

4. Counter affidavit is filed on behalf of respondents 1 and 2 inter alia stating that KMBR, 2013 has been amended by the Government in exercise of powers conferred by Sections 381, 382, 387, 398 and 406 read with Section 565 of the Kerala Municipality Act, 1994 (hereinafter referred to as 'the Act'). The KMBR had been amended from time to time as and when there was a requirement. Substantial changes have been made by way of amendments in the FAR, coverage, access, height of building, parking, open yards/setbacks etc., in comparison to the amendments made prior to 2009. It is pointed out that the State of Kerala being traditionally the most densely populated region in the country, which is evident from the census, on account of various statutes coming into force viz., Coastal Zone Regulations, Kerala Conservation of Paddy and Wet Land Act, 2008, various forest laws etc., the increase in requirement of construction in limited space has become inevitable. Under such circumstances, for the effective growth in various sectors which includes buildings for Information Technology Parks and other development constructions, Government have taken a concrete decision to facilitate large scale development projects by relaxing the Building Rules. Accordingly, a sub committee of Ministers was constituted to discuss and give suggestions on matters pertaining to the amendment to KMBR. Having taken into consideration the various aspects including the scarcity of land resulting in high land value and cutting of hillocks and filling the valleys, a policy decision was taken by the Government to relax certain provision in the Building Rules without compromising the safety and security of the inhabitants, which necessitated increase in FAR. It is also pointed out that substantial provisions h