2020 Supreme(Ker) 837
ALEXANDER THOMAS
Thomsun Realtors Private Limited – Appellant
Versus
District Geologist Department of Mining and Geology, Ernakulam – Respondent
Advocates:
Advocate Appeared:
For the Petitioner: Sri. P.M. Ziraj.
For the Respondents: Sri. Saigi Jacob Palatty, Sri. K.T. Thomas.
JUDGMENT :
ALEXANDER THOMAS, J.
1. The case set up in this Writ Petition (Civil) is as follows:
That the petitioner obtained Ext.P-1 building permit, Ext.P-2 development permit, Exts.P3 and P4 environment clearances and all other licences and permits from authorities concerned to construct a multi storied building under the name and style of “Prestige Forum” consisting of residential apartments and retail shopping malls having plinth area of 154679.35 M2. That there are commercial and residential buildings in the proposed plan of the petitioner and measurement of area of the said separate buildings has been separately mentioned in the building permit. The petitioner almost completed the structural work of the commercial building in Ext.P-1 building permit and the remaining is only two separate residential towers having total plinth area of 57552 M2. That the petitioner can construct the residential towers as aforesaid only after extraction and removal of ordinary clay and ordinary earth from the foundation of the building. Hence the petitioner approached the 1st respondent and submitted Ext.P-10 application and thereby requested to issue permit for excavation along with sufficient pas
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