JUDGMENT :

Writ Petitioners seek directions to exclude their property from the category of ‘Park and Open space’ as stipulated in the Structural Plan/Master Plan for Kottayam. Petitioners also seek for a direction to accept their applications for building permits and to grant permissions to construct buildings without reference to the Master Plan.

2. Petitioners are the owners of an extent of 137.86 Ares and another 176.52 Ares of land in Block No.18 of Muttambalam Village, Kottayam. Petitioners allege that though the total area of 314.38 Ares is earmarked as ‘Park and Open Space’ in the Master Plan for Kottayam, which was sanctioned on 14.05.2020, the Municipality ought to have acquired the land for establishing the said park. Despite the lapse of two years from the date the Master Plan came into operation, the Municipality failed to take any steps to acquire the property. In such a situation, petitioners issued purchase notices under section 67(1) of the Kerala Town and Country Planning Act, 2016 (for short 'the Act'). Though the notices were served on the respondents on 02.12.2022, there has been no response and therefore, the statutory scheme contemplated under the said provision