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2022 Supreme(Ker) 17

N.NAGARESH
P. B. Pradeep Kumar – Appellant
Versus
Maradu Municipality Represented By Its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.I. Mayankutty Mather, Sri. R. Jaikrishna, Kum.Narayani Harikrishnan
For the Respondent: Sri. T. R.Rajan, SC, Sri.Vipin Narayanan, Sr. Government Pleader

JUDGMENT :

The question arising in this writ petition is whether the Government is legally bound to compulsorily acquire the 24.73 Ares of land of petitioners 1 to 4 situated in Maradu Village in view of issuance of purchase notice by them under Section 67 of the Kerala Town and Country Planning Act, 2016 since there is a proposal for construction of Kochi-Muvattupuzha Road which is to pass through the petitioners’ land. The further question is that in view of the refusal of the Government to acquire the land in spite of service of purchase notice, whether the Maradu Municipality is bound to review the Town Planning Scheme/Master Plan and consider the application submitted by the petitioners for issuance of Building Permit.

2. Petitioners 1 to 4 own 24.73 Ares of land in Re-Surey Nos.221/4-2, 221/4-2-2, 221/4-2-2-2, 221/5-2-2, 221/5-3, 221/9, 221/10 and 221/12 of Maradu Village. Petitioners 1 to 4 made a Joint Venture with the 5th petitioner-Company with an intention to develop the land and construct an Apartment Complex. Application for Building Permit was submitted in June, 2018. The original building plan had to be changed and a fresh application was submitted in February, 2019. T

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