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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A.
Dennys M. D'Cruez – Appellant
Versus
Chavara Grama Panchayat – Respondent
| Table of Content |
|---|
| 1. ownership and structural details of the building. (Para 1) |
| 2. challenge to notices issued under disaster management act. (Para 2 , 5) |
| 3. fresh provisional order issued under kerala panchayat raj act. (Para 3 , 4 , 6) |
JUDGMENT :
ZIYAD RAHMAN A.A., J.
1. The petitioner is the owner of a four storied building named “Melby Towers” which was constructed with a plinth area of 6400 Square Feet in the property comprised in Re.Sy No. 440/1 and 440/1-2 in Block No. 19 of Chavara Village. The said property comes within the territorial jurisdiction of the 1st respondent Panchayat. In the year 2020, a portion of the building was acquired by the National Highway Authority of India for the purpose of widening of NH 66 and accordingly, that portion of the building has been demolished. The remaining portion of the building contains 13 rooms bearing Door Nos.469 to 481.
2. Now the grievance of the petitioner is that, Ext.P4 notice was issued by the 2nd respondent to the petitioner, directing the petitioner to remove the said building on the reason that, the said building is in a dangerous situation. The said notice was issued under the provisions of Disaster Management Act. Thereafter,
Authority must follow jurisdictional mandates; notices issued under the Disaster Management Act by an unauthorized person cannot be upheld.
The Chairperson of the District Disaster Management Authority lacks the authority to issue demolition orders without a verified emergency and the necessary ratification from the District Authority, v....
The court upheld the right to challenge improper administrative actions under the Disaster Management Act, allowing petitioners to withdraw with liberty for future action.
Local authorities have a duty to act expeditiously on safety notices regarding dilapidated structures.
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....
Section 406 of Kerala Municipality Act reads as Demolition or alteration of building work unlawfully commenced, carried on or completed.
Judicial intervention is premature when administrative proceedings are still pending resolution.
The court emphasizes the necessity for administrative bodies to comply with relevant rules while considering petitions related to building permits.
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