Panchayat:Repo18/Law Manual Page0329

Where a Town Planning Scheme under the Act is in force, provisions or regulations thereunder shall prevail over provisions of the Municipality Building Rules. Secretary of a Municipal Corporation, while issuing building permits, should ensure that construction does not breach provisions of any "other law", which also includes a validly framed and duly notified scheme under Town Planning Act. Scheme notified under the Act assumes the nature of a law that regulates future construction in the area and binding on subsequent purchasers of such land and users. Future construction must adhere to the terms of the scheme and the plans approved thereunder. Area notified in accordance with a scheme, will assume greater rigour if the land comprised in the area has itself been acquired through land acquisition proceedings for the purposes of the scheme. - Philip George C. v. State of Kerala and Others - 20 KHC 220: 2014 (2) KLJ 129 : 2014 (2) KLT 116: ILR 2014 (2) Ker. 264.

Kerala Panchayat Building Rules, 2011, R.18 - A mobile tower permit can be revoked only in cases where i) The permit was issued by mistake; or ii) A patent error has crept in it; or iii) The permit happened to be issued on a misrepresentation of fact or law; or iv) The construction if carried on will be a threat to life or property. A permit cannot be cancelled on the mere recommendation of Sub Committee of Panchayat who are not scientific experts to give opinion as to whether proposed tower would be a health hazard or not. - Sudevan C. C. and Another v. Mundur Grama Panchayath and Another - 2013 (4) KHC 68 : 2013 (4) KLT 55.

MUNICIPALITY BUILDING RULES, 1999 (KERALA) -- R.60, R.61, R.62,R.63, R.64 Government Order restricting maximum plinth to 150 sq.mts. cannot be made applicable to all constructions proposed in a small plot. Applicability of the Order is limited to cases where the area covered by document is more than 125 sq.mts. and space available for construction is less than or equal to 125 sq.mts. Thus, there can be cases in which construction can be carried out in a small plot, where the total plinth area can exceed 150 sq.mts. - Indira v. Corporation of Kozhikode and Others – 2013 (3) KHC 244 : 2013 (3) KLT 223 : 2013 (4) KLJ 385.

KERALA PANCHAYAT BUILDING RULES, 2011 - R.91 - Permission has to be obtained from the Panchayat for digging bore well in Category Il Panchayat. - Muraleedharan v Superintendent of Police (Rural), Tvm - 2013 (2) KHC 309 : 2013 (2) KLT 398 : ILR 2013 (2) Ker. 370 2013 (2) KLJ 642.

MUNICIPALITY BUILDING RULES, 1999 (KERALA) - R.79 to R.84 - Construction in plots part of which has been surrendered for Road Development - If financial constraints of the builder forced him to submit a revised plan that does not require the benefits of this Chapter, it would not in any manner take away or efface the relinquishment of land once made or the exemption granted. - Natarajan R. v. Village Officer, Kanayannur Taluk and Others - 2013 (2) KHC 26 : 2013 (1) KLT 846 : 2013 (1) KLJ 782: ILR 2013 (1) Ker. 1005.

MUNICIPALITY BUILDING RULES, 1999 (KERALA) / Municipality Act, 1994 (Kerala), S.386, S.366 - R. 10 - Replacement of wooden planks by rolling shutters is not a construction and hence no permit is required. – Ansarudeen E. v. Tribunal for Local Government Institution, Tvm - 2013 (2) KHC 130.

MUNICIPALITY BUILDING RULES, 1999 (KERALA) -- R.60 -- Construction in small plots -- Held, proviso to R.60 does not enlarge the exemption but restrict its applicability -- If a small plot holder is having other lands not touching upon or adjoining to or abutting to the small plot of land, he can claim benefit of the Rule -- But where he has a land abutting to or adjoining or adjacent to the plot, even if that land is less than 125 sq.mtrs., but together with the other plot the land exceeds the extent fixed he will not be entitled to the benefit of the Rule. – Krishnan Mahadevan @ Mahadevan v. K. R. Moniamma and Another – 2013 (1) KHC 576 : 2013 (1) KLT 588: 2013 (1) KLJ 681 : ILR 2013 (1) Ker. 1065.

MUNICIPALITY BUILDING RULES, 1999 (KERALA) -- R.30, R.16 - Special residential building - Portion of apartment sought to be converted into commercial space - Permissibility - When Town Planning Scheme provides that residential zones substantially developed as commercial areas can be put to commercial use, Secretary of the Corporation can consider the revised plan and grant approval for using the residential space for commercial purposes - General Town Planning Scheme for Thiruvananthapuram. – SMA Restaurant & Services (P) Ltd. (M/s.) and Others V. State of Kerala and Others – 2013 (1) KHC 252 : ILR 2013 (1) Ker. 428 : 2013 (1) KLT SN 48 : 2013 (1) KLJ 487.

Removal of red earth for levelling of plot for construction of building - Requirement of development permit from Panchayat - Held, for removing red earth from property, permission of the Panchayat is not required - Removal of red earth, a minor mineral, is governed by Minor Mineral Concession Rules - Judish v. St. Jude's Shrine and Others – 2013 (1) KHC 61 : 2012 (4) KLT 995: 2013 (1) KLJ 219.

Merely because the property is described as paddy field in the Revenue records, property cannot be treated as one coming under Paddy Land Act. Hence, before rejecting building permit, present condition of the land has to be ascertained. - Smijo K. Sunny and Another v. State of Kerala and Another – 2012 (4) KHC 909.

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