Occupancy certificates must be issued when a valid building permit exists, irrespective of future road widening proposals.

J U D G M E N T

The petitioner has filed the captioned writ petition pointing out that he is in enjoyment and ownership of an extent of 3.60 Ares of property comprised in Re-Sy. No.101 of Aryad South Village in Ambalapuzha Taluk as evidenced by Ext.P1. According to him, on the basis of a building permit, (Ext.P2 building permit), he had constructed a building and sought for an occupancy certificate. However, the occupancy certificate has not been issued to him since there was a proposal for road widening as stated by the 3^rd respondent – Municipality. It is in such circumstances that the captioned writ petition has been filed by the petitioner seeking appropriate directions.

2. I have heard Sri.George Mathew, the learned counsel for the petitioner, Sri.R.Azad Babu, the learned Standing Counsel for the 3^rd respondent – Municipality and Sri.

Sunil Nath, the learned Government Pleader.

3. While admitting the writ petition, on

10.03.2023, this Court had directed the 4^th respondent to issue the occupancy certificate and also to number the building subject to further orders.

4. Today, the learned counsel for the petitioner as well as the learned Standing Counsel for the Municipality point out that provisional numbering and issuance of the occupancy certificate have already been carried out. The only issue that now remains for consideration is with regard to the proposed road widening.

5. It is not in dispute that even if there is a proposed road widening, the building that has been constructed on the basis of a valid building permit requires to be numbered as well as issued with an occupancy certificate. This is all the more so, since if, as stated by the Municipality, there is any proposal for acquisition, the petitioner may require the occupancy as well as the building number for claiming compensation.

6. In that view of the matter, I am of the opinion that this writ petition can be disposed of in view of the interim order referred to above.

Resultantly, this writ petition would stand disposed of in terms of the interim order dated 10.03.2023. Needless to say, the provisional building number granted to the petitioner on the basis of the interim order passed by this Court as above should be regularised. So as to facilitate the above, the impugned proceedings at Exts.P2 and P4 would stand set aside.

Sd/-