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2022 Supreme(Online)(KER) 52707

HIGH COURT OF KERALA
BASHEER K.K., – Appellant
Versus
NATIONAL HIGHWAY AUTHORITY OF INDIA , – Respondent


JUDGMENT

Dated this the 17th day of October, 2022 The petitioners, who wanted to construct a small commercial building, approached the 3rd respondent-Grama Panchayat for Building Permit. The 4th respondent-Secretary to the Grama Panchayat required the petitioners to produce Access Permit from the National Highway Authority of India, since as per the report of the Executive Engineer, Local Self Government Department, Access Permit is necessary as the building is adjacent to a National Highway. The petitioners were therefore required to obtain Access Permit from the National Highway Authority of India.

2. The petitioners contend that Ext.P1 Certificate issued by the Special Tahsildar (LA), NH 66, Unit 1 would show that the petitioners' land will not fall under the development alignment area of National Highway-66. Based on Ext.P1, respondents 3 and 4 are compellable to issue Building Permit to the petitioners.

3. Standing Counsel for respondents 3 and 4 resisted the writ petition. The Standing Counsel submitted that the Kerala Panchayat Building Rules, 2019 mandates that before issuing a Building Permit, the Panchayat Authorities are bound to ensure that all other statutory requirement

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