Panchayat:Repo18/Law Manual Page0805

Rule 79

THE KERALA PANCHAYAT BUILDINGS RULES, 2011

805

Provided that the applicants seeking benefits under this Chapter shall apply in writing to the Secretary in the prescribed form, as in Appendix A1

Provided further that the provisions under this chapter shall not apply to the roads envisaged in any layout as per these rules;

Provided also that the benefit under the provisions in this chapter shall not be allowed to the constructions in such plots, if the land is not surrendered for the implementation of the scheme in total:

Provided also that such road formation or road widening or junction improvement or formation or development of facility relating to road structure shall form part of the annual plan or five year plan of the implementing agency concerned or shall have a budgetary allocation and shall form part of and conform to any published or sanctioned Town Planning Scheme, if any such scheme exist:

Provided also that, any deviation from the proposals of a Town Planning Scheme in the new road formation or road widening or junction improvement or development of any facility relating to road structure, shall be carried out only after effecting variation or revision, as the case may be, of the town planning scheme as per the Town Planning legislation in force:

Provided also that the surrendered land shall not be used for purposes other than that envisaged in the scheme.

a) in the case of roads which have no widening proposal as per any Town Planning Scheme or which fall in areas which are not covered by any Town Planning Scheme, it shall be a project, proposed or taken up, with the prior approval of the Local Self Government Department in consultation with the Chief Town Planner of the State

(i) by the Local Self Government Institution or development authority by resolution; or

(ii) sanctioned or undertaken by a Government Department, Quasi Government Organisation or institution; or

(iii) by registered Residents Association or a Social Welfare Organisation.

(2) The surrendering of land shall be made as per the relinquishing procedure of the Government and the land shall be demarcated and taken into possession by the authority concerned. The existing compound wall or fencing or any structure within the land so surrendered shall be demolished by the owner at his risk and cost and the new boundary shall be demarcated suitably by permanent demarcating structures. The building permit shall be issued only after completing the above procedure.

84[(3) The Government may, either suo motu or at the request of the Panchayat concerned, formulate road widening scheme by free surrender of land with such conditions as it deems fit for the success of the scheme and it shall have overriding effect over other provisions of these Rules.]

NOTES

In case of construction of buildings in plots of land where a portion has been surrendered free of cost for road development, the benefits of such surrender is available not only to persons who has surrendered the plot but also to successors in interest.- Rekha Babu Jacob and Another v. State of Kerala and Others - 2008 (2) KHC 337 : 2008 (2) KLT 695.

78. Usage of plot. The usage of plot proposed for the development or redevelopment of land or construction of any building shall be governed by the provisions contained in the sanctioned or published Town Planning Scheme for the area.

79. Coverage and Floor Area Ratio.— 85[(1) Maximum coverage permissible by the committee constituted under Rule 82 shall not exceed, 80 per cent for residential, special residential,