Construction activities may proceed without permits if subdivisions meet specified criteria under local rules.

JUDGMENT

The above writ petition is filed seeking to quash Ext.P5 order and for other consequential reliefs. It is averred that the petitioner is a resident of Ward No.4 of Vazhakkulam Grama Panchayat and that the 5^th respondent, who is his neighbour, is engaged in the real estate business. It is further averred that the 5^th respondent owns 15.17 Acres of property in Resurvey No.16/26 in Block No.23 of Marambally Village, Kunnathunadu Taluk, where the 5^th respondent is constructing several small houses in 3 cents each by sub-dividing his plot into several small plots, without obtaining any building permit. It is submitted that the 5^th respondent obtained Ext.P1 to P1(b) building permit for construction of three residential houses, however, he has not obtained any development permit as required under Rule 4(1) of the Kerala Panchayat Building Rules, 2019 [for short, ‘the KPBR Rules, 2019]. The sub- division of the plot and construction of small houses by the 5^th respondent without providing necessary drainage facilities in his property is causing flood in the locality. Thereupon complaints were preferred and later the petitioner had approached this Court by filing WP(C) No9301 of 2023 and this Court, as per Ext.P4 Judgment dated 17.03.2023, dispose of the said writ petition directing consideration of the complaints preferred by the petitioner. Thereafter, the 1^st respondent issued Ext.P5 order directing the 5^th respondent to undertake construction activities without causing water logging in the locality. The petitioner submits that in Ext.P5 the specific grievance raised by the petitioner that the construction is undertaken by the 5^th respondent without obtaining development permit is not considered. It is in the said circumstance that the present writ petition has been filed.

2. A detailed counter affidavit has been filed by the 5^th respondent, wherein it is stated that he is not a real-estate businessman or a developer and he is having only 38 cents of land situated adjacent to the property of the petitioner. It was further submitted that for constructing a building in the property no development permit is required and he has constructed only two small buildings, strictly in accordance with the provisions of the KPBR Rules, 2019. It was further stated that he has not sub-divided the property into small plots and, therefore, no lay out approval is required from the Panchayat. It was also stated that there is no water logging in any property due to the construction of the residential buildings in his property and that the same is due to the illegal activities committed by the petitioner and his brother.

3. A detailed counter affidavit has been filed by the 1^st respondent also, wherein it is stated that the construction undertaken does not require a building permit and going by Rule 31(1)(x) of the KPBR Rules, the requirement of development permits arise only in case where the total area of sub-divided plots exceed 0.50 Hectares and additionally, if the number of sub- plots so divided exceed 10. In the instant case, the sub-division of plots carried out by the 5^th respondent is within the permissible limits for which no development permits are required. It was further stated that the petitioner submitted a complaint dated 14.06.2023 and based on the same, the LSGD Overseer conducted an enquiry and concluded that all constructions made in the plot of the 5^th respondent are as per the procedure established by law. It was also stated that in order to ascertain further clarification in the above issue, the 1^st respondent had forwarded a letter dated 11.08.2023 to the Town Planner seeking a report containing in the matter.

4. I have heard the rival contentions.