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 importance to protect the planned development of the town.

JUDGMENT :

These two writ petitions challenge the orders rejecting applications for building permits relying upon the Detailed Town Planning Scheme (for short 'the DTP Scheme') for the area. As per the DTP Scheme, the properties of the petitioners, which are the subject matter of these two writ petitions, fall within the residential zone, while the petitioners had applied for a permit for construction of commercial buildings. Since the issues involved in both these writ petitions are the same, they are considered together and are disposed of by this common judgment.

2. Petitioners in W.P.(C) No.38879 of 2022 are the owners of 13.40 Ares of property in Re-Sy. No.649 of Block No.15 of Kasaba Village, Kozhikode while the petitioner in W.P.(C) No.36044 of 2022 is the owner of 2.5487 Ares of property in Re-Sy. No.298 of Block No.11 of Kasaba Village, Kozhikode.

3. In both cases, the properties are situated in residential zones as per the DTP Scheme, while the property involved in W.P. (C) No.38879 of 2022, is, as per the Master Plan, situated in a commercial zone and the property in W.P.(C) No.36044 of 2022 is situated in a commercial cum residential zone.

4. Petitioners allege that their applications for building permits have been rejected, referring to the DTP Scheme created in 1987, which has practically become redundant. It is further pleaded that in the existing approved Master Plan 2035 for Kozhikode City, the areas in question are all treated as commercial zones or mixed zones and therefore, rejection of the applications for building permits on the basis of the redundant DTP Scheme deprives the right to property of the petitioners. Petitioners have also relied upon other instances where this Court interfered and directed applications for building permits to be considered on the basis of the new Master Plan of 2035 and contrary to the DTP Scheme.

5. A counter affidavit has been filed by the Corporation as well as the Town Planner separately.

6. In W.P.(C) No.38879 of 2022, respondents 1 and 2 have contended in their counter affidavit that Ward 17, as per the DTP Scheme, is a residential zone and only commercial buildings upto 150 Sq.m alone are permitted. On a perusal of the application of the petitioners, apart from various violations of the Building Rules, the proposal was to construct a commercial building of 3976.59 Sq.m. According to the respondents, as per the provisions of the Kerala Town and Country Planning Act, 2016 (for short ‘the Act’) read with Rule 3(3) of the Kerala Municipality Building Rules, 2019 (for short ‘KMBR’), the applications could not have been allowed. It was also stated that the DTP Scheme is required to be implemented since it sanctions controlled development of the scheme area as per the zones, and the regulatory restrictions for construction activities are necessary by way of zoning regulations. The respondents have pleaded that it is unlawful to issue building permits violating the existing DTP Scheme.

7. In the counter affidavit of the District Town Planner, it is stated that in any planning effort, future development and well-being of the people are considered, and the planning is done for public interest rather than individual interest. As per the zoning regulations of the DTP Scheme, the buildings proposed to be constructed as per the applications of petitioners can be permitted only within the limits allowed in a residential zone with the authority and approval of the Chief Town Planner. It was also stated that within the limits of permitted activities, the Chief Town Planner can give concurrence. It is further stated that the Master Plans are Town Planning Schemes prepared for a larger area framed at the macro level, while DTP Schemes are prepared for a smaller area at the micro level. It was also stated that under the DTP Schemes, micro-level plans are prepared based on detailed study and micro level data analysis for the specific purpose of small developmental areas. It was also pointed out th