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.

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 3^rd respondent i.e., the appellant herein for undertaking the construction under the name and style "Purava Moonreach Projects limited". The grievance aforementioned was based upon following averments:

(i) There was a proposal to construct apartments in two blocks in a parcel of land having an extent of 1.69 Acres with one block of 30 floors excluding the two level basement parking and another block of 22 floors excluding the two level basement parking. The preliminary earthwork at the site started in April-May 2007. The stage of construction was demonstrated from the photographs taken by the respondents in 2008, Ext.P2.

(ii) Government of Kerala in exercise of powers conferred under Section 274 of the Panchayat Raj Act extended the applicability of the provisions of Kerala Municipality Building Rules (hereinafter called 'KMBR' for short) to the Thrikkakara Panchayat by issuing Government order dated 06.11.2006 notified on 15.11.2006. On the basis of the information received under the Right to Information Act, it was informed by the Panchayat that the appellant - 3^rd respondent was in the process of constructing a building having total build up area of 1,75,368.6 sq.ft. upon a place of property having an extent 1.69 Acres and since the KMBR was not in force before 06.11.2006, the permit was issued to the appellant - 3^rd respondent on 31.01.2006 in the shape of NOC and the maximum Floor Area Ratio (FAR) permissible under the KMBR at the relevant point of time was 2.5 and the maximum area that can be constructed in a plot having an extent of 1.69 Acre is 1,81,844 sq. ft.

(iii) On receipt of the aforementioned information, a representation dated 31.12.207 was submitted to the Secretary, Thrikkakara Panchayat Ext.P4, to the District Collector Ext.P5 and also to the Minister for Local Self Government Ext.P6.

(iv) Government had issued a circular dated 03.07.2007 with a clarification regarding the extension of Building Rules to the Thrikkakara Grama Panchayat Ext.P7 and as per the circular, the Secretary of the Grama Panchayat was required to verify the stages of construction in respect of the buildings 'under construction' irrespective of whether No Objection Certificate(NOC) was issued by the Panchayat or not. If there were any construction activities going on as on 03.07.2007, the details of the said construction would have to be entered in the register maintained in the manner provided in the circular and in respect of the building for which though NOC had been obtained but construction did not commence, it was required to obtain permission under the KMBR. As per the advertisement published by the appellant – 3^rd respondent, the apartment complex was one of the tallest apartment complexes in the State of Kerala having two blocks.

(v) Owing to such act of the Panchayat as well as appellant – respondent No.3, respondents – writ petitioners preferred W.P.(C)No.9903 of 2008 before this Court. During the pendency of the