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BECHU KURIAN THOMAS
V. M. Abdul Shukoor, S/o. V. M. Moosa – Appellant
Versus
State of Kerala, Represented by its Principal Secretary, Department of Local Self Government, Government Secretariat – Respondent
Construction of buildings is regulated to strike a balance between the built and the non-built environment. Planned constructions are essential to ensure sustainable growth and development of the country. However, human greed and utter disregard for law have led to rampant illegal constructions. Official nexus for such reprehensible activities has acted as a bridge for aiding the violators. Illegalities often turn into fait accompli and escape the clutches of law. Nevertheless, courts cannot turn a blind eye when such instances are brought to its notice.
2. The above prelude indicates the nature of disputes raised in these two writ petitions. Both writ petitions relate to the construction of a building at Broadway – a commercial hotspot in Kochi. The first writ petition challenged the building permits issued for the construction of additional floors to an existing building, while the second writ petition was filed subsequently after additional information was obtained. Since the issues are connected, both writ petitions are disposed of together.
3. Petitioners in W.P.(C) No.5712 of 2023 challenge a building permit dated 25-05-2022 (Ext.P12) issued to respondents 9 to 15 and also the
Exemptions from building rules must comply with procedural requirements; failure to provide natural justice in administrative decisions warrants judicial intervention.
Building permits must comply with statutory provisions, and challenges to such permits must be timely; delay may waive the right to contest approvals.
Cancelled permition for construction - Quashment of - As per Rule 56(2) rear open space in back should be 1.5m for building up to 10m height and there shall be an increase of rear open space at the r....
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
when two fact finding bodies have rendered their decisions taking into account the constructions carried out and the nature of violations, under normal and ordinary circumstances, the writ court woul....
Non-arbitrariness is an essential facet of Article 14 pervading the entire realm of State action governed by Article 14. It has come to be established, as a further corollary, that the audi alteram p....
Point of law : merely because the building permit was secured, the earth work to a depth of 1.5 meters and above cannot be proceeded with unless the development permit is secured and follows the duti....
The court emphasized the importance of planned development and the need to address unauthorized constructions. It also highlighted the right of the petitioners, as owners, to be heard before the orde....
The second proviso to Rule 3(1)(d) of the Kerala Panchayat Building Rules, 2019 mandates regularizing unauthorized constructions before considering new building permits.
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