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NITIN JAMDAR, S. MANU
Kunnamkulam Municipality – Appellant
Versus
Rajan, S/o. Ayyappakutty – Respondent
JUDGMENT :
NITIN JAMDAR, C.J.
The question that we are called upon to consider in this appeal is whether an open ramp/driveway leading to an open area parking on the terrace should be included in the total built-up area for the purpose of the Building Regulations.
2. The Respondents/Petitioners jointly own property in Sy. No.75/8-12 in Kunnamkulam village in the limits of the Appellant Municipality. They were interested in constructing a two-storey commercial building on the side of the property, with all the amenities. The Petitioners prepared a building plan through a licensed architect as per the Kerala Municipality Building Rules, 2019 (Rules of 2019) and submitted the same on 2 July 2022 to the Secretary of the Municipality. The Secretary issued an intimation on 12 August 2022, informing of deficiencies in the plan. The Petitioners, according to notice, submitted a revised plan on 3 January 2023 after curing the defects. Thereafter, another communication was issued by the Appellant Municipality, taking further objections. According to the Petitioners, the Petitioners removed these defects and again submitted a revised plan. Further communications were issued to the Petitioners un
An open ramp for terrace parking is not included in the built-up area under the Kerala Building Rules, reflecting a purposive interpretation of parking regulations.
The Building Byelaws and MPD-2021 set out the development norms and standards for construction of buildings, but do not proscribe the charging of parking fees or control the terms on which buildings ....
The A.P. Building Rules 2017 do not specify that parking space should be either in the stilt or in the cellar only as per the application and permission obtained.
Property owners have a right of access to the highway at all points, which cannot be obstructed by unauthorized parking.
The court upheld that building heights must adhere to regulatory frameworks, enforcing a maximum of 11.5 meters and requiring municipal compliance for construction, protecting the rights of neighbori....
Plot under development/redevelopment affected due to Nalla, Nallah/river buffer, road widening, height restriction due to statutory restriction as per these Regulations such as railway buffer, height....
The definition of 'built-up area' under Section 80-IB excludes open terraces and porticos, affirming that deductions cannot apply if the total area exceeds stipulated limits.
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....
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