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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Amit Rawal, J, MURALEE KRISHNA S.
Puravankara Projects Limited – Appellant
Versus
Meethian Kunju M.M. S/o M.M. Mohammed – Respondent
| Table of Content |
|---|
| 1. intra court appeal against single bench judgment regarding building permits. (Para 1 , 2) |
| 2. background on issuance and challenges to building permits and nocs. (Para 3 , 4 , 5 , 6 , 7) |
| 3. legal interpretation of noc and the applicability of kmbr. (Para 8 , 26) |
| 4. arguments regarding the nature and validity of noc vs permits. (Para 9 , 10 , 11 , 12 , 14) |
| 5. judgment's decision to set aside prior ruling and uphold building permit. (Para 13 , 15 , 16 , 39 , 40 , 41) |
JUDGMENT :
AMIT RAWAL, J.
1. The present intra court appeal is directed against the judgment of the Single Bench dated 02.12.2016 in W.P.(C)No.16368 of 2013 preferred by the respondents - petitioners. Appellant is the respondent No.3 in the aforementioned writ petition.
2. The claim of the respondents - writ petitioners in brief is enumerated hereinbelow:
Petitioners are the residents of old Ward No.10 Division No.37 of the Thrikkakara Municipality and were aggrieved of the issuance of building permit under the Kerala Municipality Building Rules to the 3rd respondent i.e., the appellant herein for undertaking the construction under the name and style "Purava Moonreach Projects limited". The grievance aforementio
NOCs issued before KMBR enforcement retain validity; builders can apply for renewal under Rule 15A despite obtained NOC, which does not equate to a permit.
The governing authority must apply the correct statutory building rules—specifically the Kerala Panchayat Building Rules, 2019, for land within panchayat jurisdiction—rather than applying municipal r....
Exemptions from building rules must comply with procedural requirements; failure to provide natural justice in administrative decisions warrants judicial intervention.
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....
Building permits and licenses for operational units must be evaluated based on contemporary regulations, and allegations of unauthorized construction require substantial evidence to alter compliance ....
Abeyance of superseding defence circular does not revive prior ones; construction rights crystallize under interim regime permissions; NOC not mandatory beyond 50m without statutory backing or state ....
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
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 second proviso to Rule 3(1)(d) of the Kerala Panchayat Building Rules, 2019 mandates regularizing unauthorized constructions before considering new building permits.
The court upheld the Secretary's authority to grant building permits under the Kerala Panchayat Raj Act, emphasizing that government intervention and expert assessments are crucial for ensuring compl....
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