Panchayat:Repo18/Law Manual Page0747

Rule 5 THE KERALA PANCHAYAT BUILDINGS RULES, 2011 747

interests of the public, in which case, it would be proper to pass an order for demolition. Whether there has been a compliant from the public would not as such be material for deciding the question, though, a piece of evidence in deciding whether the interests of the public have suffered by reason of the breaches. Corporation of Calcutta v. Mulchand Agarwalla - 1955 (2) SCR 995.

                                                 CHAPTERII

                                                  PERMIT 

4. Essentiality of permit. — Unless otherwise specifically mentioned in these rules, —

(1) No person shall develop or re-develop any parcel of land without first obtaining a development permit for each such development or re-development from the Secretary;

(2) No person shall erect or re-erect a building or make alterations to any building or cause the same to be done without first obtaining a separate building permit for each such building from the Secretary;

(3) No person shall change the occupancy of an existing building from one group to another, without first obtaining the permit from the Secretary.

5. Application for development permit.- (1) Every person other than a central or State Government Department who intends to develop or redevelop any parcel of land shall apply in writing to the Secretary in the form set out under Appendix AA and such application shall be accompanied by plans, drawings and statements in triplicate as required under these rules and documents to prove the ownership on land concerned and payment of application fee as specified in Schedule I, along with a copy of the certificate of registration of the Architect or Building Designer or Engineer or Town Planner or Supervisor as the case may be, who has prepared and signed the Plans, drawings and statements.

(1a) Applications may also be submitted through e-filing system, as may be prescribed, if such system is in force in the Local Self Government Institution concerned and the Secretary may receive applications, in case they are found in order after a preliminary check].

(2) In the case of any development or redevelopment of land by Central Government or State Government Department, the officer authorised shall apply in writing to the Secretary in the form set out under Appendix AA and such application shall be accompanied by plans, drawings and statements in triplicate as required under these rules and documents to prove the ownership on land concerned, along with a copy of certificate issued by the Chief Architect or the Engineer in charge of the works to the effect that the plans are in conformity with the provisions of these rules in all respects including conformity to any Town Planning Scheme prepared for the area. Payment of application fee and permit fee as specified in schedule I and schedule Il are not necessary in such cases. Signature and/or certificate by the registered Engineer/Architect/Town Planner etc. as per these rules are also not necessary in such cases;

(3) In the case of layouts or land/plot subdivisions by Defence Organisations the officer in charge of the organisation may submit to the Secretary a set of layout plans or plans of the proposed land/plot sub divisions giving general indications whether the purpose is residential or otherwise for enabling the Secretary to estimate the requirements for providing services and infrastructure to that area;

(4) In the case of layouts or land/plot subdivisions by Panchayat, the Secretary may approve the plans of the proposed work, with his certificate on the plans to the effect that the proposed work is in conformity with the provisions of these rules.

(5) In the case of an application for development or re-development of any land within a distance