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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 :
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.
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 aforementioned was based upon following averments:
(ii) Government of Kerala in exercise of powers conferred und
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.
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 ....
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.
Point of law: Rule which has to be applied is the one which is in force at the time of issuance of the permit and not the rule that was in force at the time of submission of the application.
Building permits must comply with statutory provisions, and challenges to such permits must be timely; delay may waive the right to contest approvals.
Statutory authorities must act in accordance with the law, and courts cannot restrain them from exercising their duties.
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