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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J.
M/s Aster DM Health Care Ltd, - Appellant
Versus
Cheranelloor Grama Panchayat - Respondent
WP(C)Nos.34493 of 2023 and 8845 of 2024
Decided on : 03-07-2024
Building Permit - Construction Project - Kerala Conservation of Paddy Land and Wet Land Act, 2008, Coastal Zone Regulations - The court discussed the applicability of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, and the Coastal Zone Regulations to the construction project and the conditions imposed by the authorities. The court also considered the impact of the Amendment Act, 2018, on the project and the legal obligations of the petitioners and the Panchayat.
Fact of the Case:
The petitioners, M/s.Aster DM Health Care Ltd., filed writ petitions challenging the cancellation of a building permit and the conditions imposed by the authorities for their construction project.
Finding of the Court:
The court found that the provisions of the Amendment Act, 2018, applied to the construction project and that the petitioners were bound by the conditions imposed by the authorities. The court also held that the judgment in a previous case did not preclude the application of the Amendment Act to the project.
Issues: The issues involved the applicability of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, and the Coastal Zone Regulations to the construction project, as well as the legal obligations of the petitioners and the Panchayat under the Amendment Act, 2018.
Ratio Decidendi: The court held that the provisions of the Amendment Act, 2018, applied to the construction project and that the petitioners were bound by the conditions imposed by the authorities. The court also determined that the judgment in a previous case did not preclude the application of the Amendment Act to the project.
Final Decision: The court quashed the orders impugned in the writ petitions and issued directions for the reconsideration of the appeal by the Chief Town Planner, specifying the applicability of the Amendment Act, 2018, to the construction project and the legal obligations of the petitioners and the Panchayat.
JUDGMENT :
MOHAMMED NIAS C.P., J.
These writ petitions are filed by M/s.Aster DM Health Care Ltd.
2. WP(C)No.34493/2023 is filed challenging the cancellation of the building permit issued by the second respondent, the Secretary of the Panchayath concerned.
3. WP(C)No.8845/2024 is filed challenging Ext.P11 order passed by the Chief Town Planner, Thiruvananthapuram, rejecting the appeal preferred by the petitioners challenging the conditions imposed by the Senior Town Planner, Ernakulam.
4. The relevant facts necessary for disposing of the writ petitions are as follows:
The petitioners are companies under the provisions of the Company's Act and are stated to be the owners in possession of an extent of 15.5904 Hectares of land in Resurvey Nos.198/1, 2, 3, 4, 5, 6, 7, 8, 9, 199/1,2,3,4,5,7,8,9,10,11,12,13,14,15,16,17,18,19,22,200/1,2,204/5,6,7,8,9, 10,11,12,13,20,205/4,6,8,9,12,211/6,15,212/1,2,3,4,5,6,7,8,9,10,11,12,13,14 ,15,16,17,18,19,20,21,22,23,213/1,2,4,5,6,7,8,9,10,11,12,13,14,15,214/1,2,3, 4,6,7,215/1, 2, 3, 4, 5, 6, 7,216/4, 5, 217/7, 219/1, 2, 3, 7, 220/7, 8 and 9 of Cheranalloor Village, Kanayannur Taluk, Ernakulam District. It is stated that the above properties were purchased for a Medicity Project, the first phase of which has already been completed. The layout approval and the usage of the plot for the construction of Phase 1 of the Medicity Project was approved by the Chief Town Planner based on a decision taken by the Special Committee constituted by the Government of Kerala for a project comprised of Hospital Phase 1/Hotel/Medical convention centre, low-income housing/staff accommodation having a total built-up area of 83928.41 sq. metres. The minutes of the Special Committee meeting dated 23.11.2010 is produced as Ext.P1 and the order issued by the Chief Town Planner granting approval for the project dated 11.3.2011 is produced as Ext.P2.
5. Thereafter, in the year 2012, the petitioners preferred an application for further construction in the project by incorporating land covered by additional survey numbers and the same was also approved by the Special Committee by its meeting dated 23.9.2013, Ext.P3, for which also the Chief Town Planner granted layout approval and usage of the plot subject to the conditions mentioned therein as per order dated 17.6.2014, marked as Ext.P4. It is submitted that the first phase of the Medicity project was completed and started functioning in 2013. The fifth respondent Panchayath had issued another building permit with respect to the properties comprised in Sy/Re Sy.Nos.198, 199, 200, 204, 205, 211, 212, 213, 214, 215, 217, 219 and 220 of Cheranalloor Village Kanayannur Taluk under Group C Medical/Hospital purpose subject to the conditions mentioned therein as per the building permit dated 10.02.2020, marked as Ext.P5. The petitioners applied for renewal of the said building permit and the same was renewed up to 09.02.2026 as per Ext.P6. It is stated that construction activities are in progress and the same is taking place near the existing building bearing No.12/348A.
6. As regards the 2nd Phase of the Medicity Project, the petitioners preferred WP(C)No.101/2022 challenging the conditions imposed by the Senior Town Planner, Ernakulam, challenging the directions to correct the BTR records and making applicable the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred as the 'Paddy Act and Rules') by communication dated 9.4.2021 issued by the Senior Town Planner, Ernakulam, marked as Ext.P7. The said writ petition was allowed directing the Chief Town Planner to consider the appeal preferred by the petitioners challenging the order of the Senior Town Planner by judgment dated 27.7.2022, in WP(C)No.101/2022, marked as Ext.P8. The State had preferred WA No.1639/2023, and the same was dismissed as per Ext.P9 judgment dated 26.05.2023. Thereafter, the State preferred RP No.697/2023 against the said judgment, whereby, this Court in its order dated 10.
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