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Checking relevance for REVENUE DIVISIONAL OFFICER FORT, KOCHI VS JALAJA DILEEP...
Checking relevance for Muni Suvrat-Swami Jain S. M. P. Sangh VS Arun Nathuram Gaikwad...
Checking relevance for Vikas Singh VS Govt. Of NCT Of Delhi...
Checking relevance for K. N. Karthikeyan (Dead) VS M. N. Sreenivasan...
Checking relevance for P. H. Babu Ansari S/o Hameed Rawther VS Village Officer, Muttambalam...
P. H. Babu Ansari S/o Hameed Rawther VS Village Officer, Muttambalam - 2024 0 Supreme(Ker) 408 : Yes, a stop memo can be issued under the KLU Order even after a building permit has been issued, but such issuance may be invalid if it contradicts prior valid orders allowing change of land use. In this case, the court quashed the stop memo because the property had already been legally allowed for non-agricultural use through previous orders under the KLU Order (Ext.P6(a) and P6(b)), and the Revenue Divisional Officer had previously permitted utilization for purposes other than paddy cultivation. The court emphasized that the inclusion of the land in the data bank and issuance of the stop memo were impermissible in light of these prior judgments and orders, particularly the Division Bench judgment in LLMC Kizhakkambalam vs. Mariyumma, 2015 (2) KLT 516, which established that once land use is changed by valid order, subsequent stop memos based on the Act cannot override such decisions without proper justification. Thus, while a stop memo may technically be issued, it is not valid if it conflicts with a prior, binding order permitting non-agricultural use under the KLU Order.Checking relevance for Jacob N. V. , S/o. Varkey VS State of Kerala, Represented by Secretary, (Revenue Department), Government Secretariat...
Jacob N. V. , S/o. Varkey VS State of Kerala, Represented by Secretary, (Revenue Department), Government Secretariat - 2023 0 Supreme(Ker) 387 : Yes, a stop memo can be issued under the KLU Order even if a building permit has already been issued for the land. The court held that the KLU Order''''s purpose is to ensure the production and distribution of food crops, and the Collector''''s power under the KLU Order is only to direct land use for such crops if the land is required for that purpose. If the land is not required for food crop cultivation, the Collector cannot impose conditions or restrictions on land use. In this case, since the land was already used for non-paddy agricultural purposes (coconut, jackfruit) for a long time and was not deemed necessary for food crop production, the conditions restricting construction were found to be manifestly illegal and unsustainable. The court emphasized that KLU Order cannot be used to fetter the landholder''''s right to use the land for other lawful purposes, even if a building permit has been issued, provided the land is not required for food crop production under the KLU Order.Checking relevance for Local Level Monitoring Committee vs Sabu M Jacob...
Local Level Monitoring Committee vs Sabu M Jacob - 2025 0 Supreme(Ker) 2223 : Yes, a stop memo can be issued under the Klu Order even after a building permit has been issued. The court held that the prior order permitting conversion of land use under the Kerala Land Utilisation (KLU) Order is binding and sufficient for the grant of a building permit. Specifically, the judgment states: ''''Inasmuch as the petitioner has already obtained Ext.P1 order from the authorities under the KLU Order, the said order will suffice for the purposes of the petitioner producing the same before the local authority for the grant of building permit.'''' This indicates that once a valid KLU order is in place, it overrides any subsequent stop memo or restriction based on land classification, and the building permit remains valid despite potential conflicting designations such as paddy land.Checking relevance for FIROZ V.A. S/O ABDUL LATHEEF vs STATE OF KERALA ...
Checking relevance for COL. ANIL KAK (RETD. ) VS MUNICIPAL CORPORATION, INDORE...
Checking relevance for Priyanka Estates International Pvt. Ltd. VS State of Assam...
Checking relevance for KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY VS STATE OF KERALA MARADU MUNICIPALITY...
Checking relevance for DLF Universal Ltd. VS Director, T. & C. Planning Haryana...
Checking relevance for R. K. Mittal VS State of U. P. ...
R. K. Mittal VS State of U. P. - 2012 1 Supreme 273 : A stop memo cannot be issued under the Klu Order if a building permit has already been issued for the land, because the Development Authority has no jurisdiction to permit a change of user in violation of statutory provisions and regulations. The Master Plan and Zonal Plan have binding effect in law, and the Authority cannot vary the user or space prescribed therein except by amending the relevant laws. Any decision permitting mixed use in residential sectors is in apparent violation of statutory provisions, and such actions are impermissible. The running of a bank or commercial business in a residential sector is not permissible, and the Authority lacks discretion to allow such use even after a building permit is issued. Therefore, issuing a stop memo under the Klu Order would be justified only if the use violates the terms of the lease deed or statutory provisions, but the mere issuance of a building permit does not override these restrictions.Checking relevance for P. S. Indira, W/o. Late K. C. Sudakaran VS Sub Collector, R. D. O. ...
P. S. Indira, W/o. Late K. C. Sudakaran VS Sub Collector, R. D. O. - 2020 0 Supreme(Ker) 442 : Yes, a stop memo can be issued under the KLU Order even if a building permit has already been issued. However, such a stop memo is illegal and ultra vires if it relies on outdated or redundant revenue records (like an old record showing ''''Nilam'''') when the current and valid revenue records—including the Basic Tax Register—clearly classify the land as ''''Purayidom'''' (dry land) and confirm that construction activities are permissible. The court held that the authority cannot use obsolete records to interfere with lawful construction based on a valid building permit, especially when the land is commercially developed and not used for paddy cultivation.
