The court clarified the legal distinction regarding building permits for small plots, quashing charges of conspiracy due to lack of evidence for required approvals.

COMMON JUDGMENT

The accused Nos. 1 to 3, who are common in CC No.1/2019 and CC No.2/2019 arising from VC No.9/2012/TSR, pending before the Enquiry Commissioner and Special Judge, Thrissur for offences punishable under section 13(2) read with section 1(d) of the PC Act and section 120B IPC are the petitioners herein. Crl.M.C.No.5271/2019 and Crl.M.C.5272/2019 are filed by accused Nos. 2 and 3. W.P.(C) No.12090/2019 and O.P. No.12083/2019 are preferred by the first accused.

2. The crux of the prosecution allegation was that, they along with the village officer, conspired with one private person arrayed as an accused, permitted him to obtain various documents for developing an item of property for construction projects within the above Panchayath. The first accused was the Secretary of Pokkodu Grama Panchayath. Second accused was the Assistant Engineer of the same Panchayath and the 3rd accused was the overseer of the Panchayath. It was alleged that the village officer deliberately omitted the classification of land which was “nanja land” as per the BTR, in the location certificate and the possession certificate which was submitted along with the application form for building permits for the above project. In C.C.No.1 of 2019 the allegation was that the Assistant Engineer and Overseer of the Grama Panchayath conspired with the Secretary of Panchayath and a private person to cause financial gain to the private person. In pursuance of the conspiracy, the first accused being the Secretary issued 116 building permits for the construction of 111 villas to the 5th accused who is the private person who developed the land in Iringanpuram project site and sold to different individuals. They submitted application for building permits before issuing building permit and obtaining lay out approval from the District Planner and violating Rules 4 & 5 and section 27 of KMBR caused wrongful loss to the Government. It was alleged that the assistant engineer and the overseer who are the accused Nos. 2 and 3, enabled the 5th accused to submit application for building permit before issuing development permit and obtaining layout in the District Town Planner and violating Rules 4 & 5 and section 27 of the KMVR and accused Nos. 2 and 3 who were responsible to conduct preliminary enquiry and verification of the documents and to conduct site inspection did not report about the violation of the about the necessity of lay out approval and development permit as per section 27 of 1999 and did not recommend for the rejection of the building permit which resulted in obtaining undue pecuniary advantage to the 5th accused and the Government sustained heavy loss. On the basis of the investigation conducted, the final report was laid consisting of A and B charges, the above allegation constituted the B charge. The B charge was taken on record and the cognizance was taken by the Special Judge as CC No. 1/2019. Accused Nos. 1,2 and 3 have approached this court challenging final report by filing O.P.No.12083/2019 and Crl.M.C.5271/2019.

3. In A charge of the final report, it was alleged that the first, second and third accused colluded and conspired with the 4th accused, the builder who was the 5th accused in CC No1/2019 and in furtherance of the criminal conspiracy, the first accused issued 17 building permits for the construction of 17 villas to the 4th accused who developed the land in Mammiyoor project site and sold it to different