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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Amit Rawal, P. V. Balakrishnan, JJ
A.M. Subair, S/o. Mohamed – Appellant
Versus
M.V. Joy, S/o. Varkey – Respondent
| Table of Content |
|---|
| 1. factual history regarding metal crusher operations. (Para 2 , 3 , 4 , 5 , 6 , 7 , 10) |
| 2. procedural history and submissions to authorities. (Para 8 , 9 , 11 , 12) |
| 3. petitioner's arguments against renewal of license. (Para 13 , 14 , 15) |
| 4. legal analysis on regularization and construction rules. (Para 16 , 18 , 19 , 20) |
| 5. conclusion regarding allowance of the appeal. (Para 22 , 23 , 24 , 25 , 26 , 27) |
JUDGMENT :
Present intracourt appeal is directed against the judgment of the Single Bench, whereby the order of the Tribunal dated 21.08.2020, Ext.P33, dismissing the revision petition of the 1st respondent/petitioner has been set aside and the writ petition has been allowed.
In the year 1993, one Najeeb started a metal crusher unit in Sy.No.439/1 of Kizhakkambalam Village of Kizhakkambalam Gram Panchayat. In 1998, Sunny Varghese purchased the crusher unit and expanded it by making additional constructions. It is pertinent to mention here at that time, the Kerala Building Rules were not made applicable in the aforementioned Panchayath and the construction was made without the building permit. The Kerala Municipality Building Rules, 1990 was made applicable to Gram Panchay
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 ....
The absence of a valid layout approval and required access width renders the operation of a metal crusher unit illegal, necessitating the cancellation of its licence.
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
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....
Regularization applications must be considered with due process to ensure compliance with local laws regarding building operations.
Validity of permits for operating a metal crusher unit under relevant local government laws.
Exemptions from building rules must comply with procedural requirements; failure to provide natural justice in administrative decisions warrants judicial intervention.
when two fact finding bodies have rendered their decisions taking into account the constructions carried out and the nature of violations, under normal and ordinary circumstances, the writ court woul....
Point of law : Environmental Clearance Certificates issued by DEIAA prior to judgment of National Green Tribunal order are valid as long as they are not subjected to successful challenge.
The second proviso to Rule 3(1)(d) of the Kerala Panchayat Building Rules, 2019 mandates regularizing unauthorized constructions before considering new building permits.
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