J U D G M E N T

The issue that arises for consideration in this case is as to how FAR (floor area ratio) is to be worked out, whether on the basis of the Kerala Municipality Building Rules, 1999 or on the basis of the structure plan notified in 1991 referring to the Kerala Municipality Building Rules, 1984.

2. Petitioners 1 and 2 are builders belonging to the areas of Tripunithura Municipality and the Corporation of Cochin. The 3rd petitioner is an Association of Builders and is espousing the common grievance of its members who are builders. The petitioners submit that on 20.3.1991, Structure Plan was notified by the Government covering the areas of the Corporation of Cochin, Tripunithura Municipality, Kalamassery Municipality (the then Kalamassery Panchayat) and 9 other Panchayats, viz., Eroor, Thrikkakara, Maradu, Mulavukadu, Narakkal, Elamkunnapuzha, Cheranallor, Thiruvamkulam and Kadamakkuty. The salient features of this Structure Plan (hereinafter referred to as Structure Plan) were that it was for a period of 10 years; the maximum FAR specified thereby was 1.5 which at that point of time was the maximum as per the then existing Building Rules of 1984.

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