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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V.MENON
Vinodkumar S. – Appellant
Versus
Thiruvananthapuram Corporation, Rep. by its Secretary – Respondent
| Table of Content |
|---|
| 1. petitioner ownership details and application overview. (Para 1 , 2) |
| 2. counsel arguments regarding building permit requirements. (Para 3 , 4 , 5) |
| 3. court's observations on statutory requirements and guidelines. (Para 6 , 8 , 10 , 11) |
| 4. statutory interpretation concerning building restrictions. (Para 7 , 9 , 12) |
| 5. final ruling permitting the petitioner to proceed with application. (Para 13) |
JUDGMENT :
HARISANKAR V. MENON, J.
1. The petitioner is stated to be in ownership and enjoyment of 1.72 Ares of landed property situated in Re.Sy.Nos.3/1 and 4/1 of Sasthamangalam Village. He submitted Ext.P2 application dated 28.12.2021, for obtaining a building permit from the Thiruvananthapuram Corporation. In reply, the Corporation issued Ext.P3, dated 13.05.2022, informing that though the proposed construction is within a distance of 70 metres from the “Pangodu Military Station” on the basis of a letter from the Station Commander of Pangodu military station, no construction within a radius 100 metres would be permitted, unless and until an NOC from the military establishment is obtained. The petitioner has filed the captioned writ petition, seeking to challenge Ext.P3 issued a
Restrictions on building permits related to military establishments require valid declarations and notifications under the Works of Defence Act, 1903 to be enforceable.
In the absence of any provision in Section 3 of the Act concerning the ancillary units of the works of defence such as lodger units in the case on hand, or of any site intended to be used or to be ac....
Point of Law : No such 'NOC' from Defence Authority would be necessary if construction is beyond 10 meters from outer wall of defence installation.
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 ....
Development of Building - NOC for construction of building - Regulation 3.1.1 also provides for certain restrictions for carrying out construction, however, there is no restriction for Thane District....
Amendments to building rules by the State do not violate national security laws, and enforcement of the Works of Defence Act is the responsibility of the Union authorities.
The court established that existing permanent constructions completed before the issuance of a restrictive Notification under the Works of Defence Act are exempt from such restrictions, permitting th....
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