A purchase notice under Section 67 of the Kerala Town and Country Planning Act, 2016, is premature if issued before the expiry of two years from the date of coming into operation of the sanctioned Master Plan.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i). issue a writ of mandamus or any other appropriate writ, direction or order, directing the 1 st respondent to re-consider and approve Exhibit P2 application of the petitioner forthwith. ii). issue a writ of mandamus or any other appropriate writ, direction or order, directing the 1 st respondent to issue building permit to the petitioner upon Exhibit P2 application.

iii). issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents to re-call the intimation dated

05.11.2024 in Exhibit P5.

iv). And to issue such other reliefs as this Honourable Court may deem fit and proper in the circumstances of this case."

[SIC]

2. The petitioner is aggrieved because her application for building permit is not considered stating that the property is included in the master plan for road widening. The petitioner submitted that, she had issued a notice under Section 67 of the Kerala Town and Country Planning Act, 2016 (for short 'Act 2016'), even then, the property is not acquired. Therefore, the building permit application is to be considered.

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

4. A statement is filed by the Regional Town Planner, Kozhikode. It would be better to extract Paragraph Nos.4 and 5 of the statement:

“4. The Master Plan for Kozhikode City

2040 was sanctioned as per G.O. (MS): No.60/2024/LSGD dated 10.06.2024. The master plan was prepared as per Kerala Town and Country Planning Act 2016 and the sanctioned master plan is implemented based on zonal regulations and proposals like widening of exiting road, proposal of new roads, development of parks and open space etc. The proposals are implemented through various agencies like PWD, LSGD, Agriculture department etc and will be executed in a phased manner. The Government has. already started execution of the proposals in the master plan with the help of various agencies. 5. As per the sanctioned master plan regulation the petitioners land falls in mixed zone where residential and commercial buildings are permitted. The petitioners building application is rejected as it falls in the road widening proposal as per the master plan. The proposal for road widening is not a proposal for land acquisition. Instead the land is reserved for widening of the road.”

From the above it is clear that the master plan was approved only on 10.06.2024.

5. Section 67 of the Act, 2016 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 the purpose of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat.

(3) Where the land is designated for compulsory acquisition for the purpose of any Government Department or Quasi-government Agency, the Mun