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HIGH COURT OF KERALA
Ziyad Rahman A. A, J
RAJESH DAMODARAN – Appellant
Versus
CHERUTHAZHAM GRAMA PANCHAYATH – Respondent
| Table of Content |
|---|
| 1. minimum setback requirements for properties abutting national highways. (Para 1 , 2 , 3) |
| 2. nhai's authority to impose access permit requirements. (Para 4 , 5 , 6) |
| 3. legal obligations of local panchayats under national highways act. (Para 7 , 8 , 9) |
| 4. nhai must exercise powers reasonably regarding minimum setbacks. (Para 10 , 11 , 12) |
| 5. guidelines by indian road congress are preferable, not mandatory. (Para 13 , 14 , 15) |
| 6. court's decision to uphold occupancy certificates based on valid permits. (Para 16 , 17 , 18) |
JUDGMENT
[WP(C) Nos.22602/2023, 36686/2023 & 27789/2024]
...
In all these cases, there arises a common issue relating to the fixation of the minimum setback to be provided by the owner of a property abutting the National Highway. The grievances raised in these writ petitions are with respect to the fixation of minimum setback as 6 meters from the road boundary of the National High way despite the fact that all the petitioners have completed their constructions after obtaining building permits from the respective Grama Panchayats which provided for minimum set back of 3 meters from the boundary from the National Highway. On the basis of the permits so issued
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