Property owners cannot be deprived of the right to develop their land indefinitely due to unexecuted acquisition schemes if the authority fails to act within the statutory notice period mandated by Section 67 of the Kerala Town and Country Planning Act, 2016.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" (i) Call for the records of the case leading to the issuance of Exhibit.P4 proceedings issued by the 1^st Respondent, quash the same by issue of Writ of certiorari or other appropriate Writ or order.

(ii) Issue a Writ of mandamus or other appropriate Writ or order directing the 1^st Respondents to grant permission to the petitioner for construction of a multi – storied commercial complex as applied for by him on 31/01/2026 as per File No.BPCN- 00502802-2025 within a short time being fixed by this Hon’ble Court.

(iii) Grant such other orders or directions as may be deemed necessary in the facts and circumstances of the case and in the interests of justice.

(iv) To dispense with the production of translation of vernacular documents.

(v) Award cost of this proceeding to the Petitioner."

[SIC]

2. Petitioner challenges the refusal of the 1^st respondent to sanction the building permit applied by him for the proposed commercial building on his land situated in survey No.212/4-1-5 in Edappally South Village, Kanayannur Taluk, Ernakulam District. Petitioner submitted the application for permission to construct a multi-storied commercial building on 13.08.2025. Thereafter, the petitioner submitted the revised application for a multi-storied commercial complex on 31.01.2026. On 16.02.2026, the 1^st respondent returned the application on the ground that the plan does not show the widening of the proposed widening of the PWD road named Perandoor road on the eastern side of the proposed site. On 02.07.2025, the petitioner approached the respondent by sending a registered purchase notice under Section 67 of the Kerala Town and Country Planning Act, 2016 (for short 'Act 2016'), requesting to purchase the land required for widening the Perandoor road from the land belonging to the petitioner in compliance with Section 67 of the Act 2016. Now, the District Collector issued a communication, as evident by Ext.P6. But there is no response from the corporation. Hence, the petitioner submitted that he is entitled to a building permit. Petitioner also relied on Ext.P7 judgment. Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the Standing Counsel appearing for the Corporation.

4. There is no dispute to the fact that the petitioner sent a notice under Section 67 of the Act 2016. In light of the above undisputed facts and for the proper adjudication of the dispute, it is essential to refer to Section 67 of the Act, which reads as follows:

“67. Obligation to acquire land in certain cases. - (1) Where any land is designated for compulsory acquisition in a Master Plan or Detailed Town Planning Scheme sanctioned under this Act and no acquisition proceedings are initiated for such land under the Land Acquisition Act in force in the State within a period of two years from the date of coming into operation of the Plan, the owner or person affected may serve on the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, within such time and in such manner, as may be prescribed, a notice (hereinafter referred to as "the purchase notice") requiring the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned to purchase the interest in the land in accordance with the provisions of this Act;

(2) On receipt of any purchase notice under sub- section (1), as soon as possible, but not later than sixty days from the date of receipt of the purchase notice, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, through a resolution decide to acquire the land, where the land is designated for compulsory acquisition for th