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SATHISH NINAN, GOPINATH P.
State of Kerala, Represented by Secretary Local Administration (M) Department, Government Secretariat – Appellant
Versus
Earthspace Builders and Developers – Respondent
ORDER :
Gopinath, J.
This review petition is filed seeking a review of the judgment dated 20.6.2016 in W.A.No.559/2016 of this Court. Writ Appeal No.559/2016 was filed by the review petitioners challenging the judgment of a learned Single Judge of this Court in W.P.(C) No.15551/2015 dated 27.5.2015. By the judgment in the Writ Petition, a learned Single Judge of this Court followed the decision of this Court in Padmini v. State of Kerala; 1999 (3) KLT 465 and that of the Supreme Court in Raju S. Jethmalani v. State of Maharshtra; (2005) 11 SCC 222 and directed the Municipality to pass orders on the application for building permit without being in any manner influenced by the provisions of the said Town Planning Scheme. On appeal (W.A.No.559/2016) this Court noted, on facts, that the application for building permit had been refused on the ground that the area was earmarked as agricultural zone as per the provisions of the Town Planning Scheme. The Court took the view that, in the light of the judgment of the Supreme Court in Raju S. Jethmalani (supra), the provisions of a Town Planning Scheme which had never been implemented cannot be used against an applicant for building permit espe
Once a town planning scheme is notified, it comes into force and prevails over building rules but its effective implementation may vary based on factual circumstances.
Prolonged non-enforcement of zoning regulations can void municipal decisions, protecting landowners’ rights under Article 300A.
The existence of a Detailed Town Planning Scheme governs the consideration of building permit applications under the Kerala Town and Country Planning Act, necessitating compliance with statutory prov....
The writ petitioner is at liberty to seek review, revision, variation and revocation of master plan and the detailed town planning scheme, by virtue of the provisions of Section 50 of Act 2016, and a....
The Detailed Town Planning Scheme (DTP Scheme) prevails over the Master Plan as per the Kerala Town and Country Planning Act, 2016, and zoning regulations and development schemes must be given due im....
The court affirmed that property owners are entitled to building permits despite pending municipal acquisition if statutory provisions are not followed.
Building permission - if the authorities mentioned in sub-section (1) of Section 63 prepare Interim Development Orders having regard to the developments and development trends in the areas concerned,....
Since the property is not designated as compulsorily acquired land, there is no requirement for the Government to take the appropriate action envisaged under section 67 of the Act, 2016 can never be ....
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