Point of Law: Rule 28 speaks about minimum width of access to a building and plot and minimum width of existing street giving access to plot from main street.

JUDGMENT :

The above writ petition is filed challenging Ext.P5 order passed by the 2nd respondent wherein the request made by the petitioner for grant of occupancy/assignment of building number was rejected for the reason that access width at the entrance to the compound wall of the plot to the building is only 4.58 metres, which runs counter to the minimum width of access of 7 metres warranted for Occupancy Group -I under Table 8A of Rule 28 of the Kerala Panchayat Building Rules, 2019 (hereinafter referred to as Rules, 2019).

2. The petitioner intends to start an LPG distributorship of the 7th respondent company. Pursuant to the letter of intent granted by 7th respondent, the petitioner took on lease the property as per Ext.P1. Later, the petitioner approached the 1st respondent for site approval and building permit for the erection of a building in connection with the business of LPG distribution and the 2nd respondent forwarded the application to the 6th respondent which was later approved. The petitioner has also obtained NOC from the 4th respondent and finally, Ext.P2 site approval and building permit were granted by the 1st respondent. As the building was not assigned building number by the 1st respondent, the petitioner approached this court filing W.P(C) No.17355 of 2022 which was disposed of as per Ext.P3 directing respondents 1 and 4 to conduct a joint inspection of the site to ascertain whether the width of the access road to the building of the petitioner satisfies the requirement of Rule 28 of the Rules, 2019. The 4th respondent conducted inspection along with the Panchayat authorities and Ext.P4 report was submitted holding that 7 metres width vehicular access road exists up to the compound of LPG Godown and it satisfies the NOC granted by the 4th respondent earlier. Later, the 2nd respondent without considering any of these relevant aspects declined the request of the petitioner for numbering the building as per Ext.P5 order holding that the entrance of the compound is only having 4.58 meters width and therefore, it goes against Rule 28, Table 8A of Rules, 2019 which mandates a width of 7 metres. Petitioner has a specific case that the 7 metres width envisaged as per the above Rules will not take in the width of the entrance of the compound to the building and if such width is provided to the entrance of the compound it will be in violation of the provisions of the Gas Cylinder Rules, 2016 which specifically mandates that the compound wall gate width shall not be more than 1.25 metres. It is in the said circumstance, the petitioner has approached this Court challenging Ext.P5 order.

3. A counter affidavit has been filed by respondent Nos.1 and 2 supporting Ext.P5 order impugned in this writ petition. Even though the panchayat directed the petitioner to widen the access to the building as mandated in the Rules, 2019, the same was not complied by the petitioner. Pursuant to the direction issued by this Court in Ext.P3 judgment, an inspection was conducted, and Asst. Engineer, LSGD Section, Vettom Grama Panchayat submitted Ext.R1(a) report stating that in the entrance to the compound, the minimum width should be 7 metres as per Rule 28, Table 8A of Rules, 2019 but only 4.58 metres width is available and it was also reported that in the event of widening the entrance by 7 metres, the building number can be allotted. It is in light of the above-said report, Ext.P5 order was issued declining the numbering of the building.

4. The petitioner has filed a reply affidavit mainly contending that he has complied with the mandate of Rules, 2019 as well as the Gas Cylinder Rules, 2016. As per the licence condition stipulated for the construction of the LPG storage shed, the width of the compound wall gate of the plot where the shed is put up shall not be more than 1.2 metres and it is on account of security reasons, the Gas Cylinder Rules, 2016, prevent the entry of vehicles of any nature where the storage shed is situated. T