Panchayat:Repo18/Law Manual Page0758

758 THE KERALA PANCHAYAT LAW MANUAL Rule 13

(10) The applicant(s) and/or the petitioner(s) shall attend the hearing and shall also produce any details called for within the time specified, if so required by the Committee or the Secretary on its behalf.

(11) The Committee shall evaluate the damages and fix the compensation and/or suggest further protective measures, if any, to be taken by the applicant to solve the issues raised by the petitioner(s). The amount of compensation shall include the actual cost of restoration as decided by the Committee and an additional 30% as solatium. etis

(12) Concurrence shall be issued by the Secretary, after ensuring that the protective measures are carried out to the satisfaction of the Committee and the compensation is paid by the applicant as per the decision of the Committee. The actual expenses of the Committee as intimated by the Secretary shall be paid by the applicant.

(13) For the purpose of this rule, Government may, constitute Panchayat level Technical Expert Committee(s) comprising of the Secretary (convener), an officer not below the rank of an Assistant Engineer of the Engineering wing of Local Self Government Department having jurisdiction over the area and two experts, one each in Structural Engineering and Geotechnical Engineering (to be nominated by the Government) to assess the damage, suggest protective measures and fix the compensation. The process of the Committee shall be completed within 3 weeks.

13. Grounds on which approval of site or permission to construct or reconstruct building may be rejected. — The grounds on which approval of site for construction or reconstruction of a building or permission to construct or reconstruct a building shall be refused are the following: -

(i) the work or use of the site for the work or any particulars comprised in the site plan, building plan, elevations, sections or specifications would contravene the provisions of any law or order, rule, declaration or bye law made under such law;

(ii) the application for such permission does not contain the particulars or is not prepared in the manner required by these rules or bye law made under the Act;

(iii) any of the documents required to be signed by a registered Architect or Building Designer or Engineer or Town Planner or Supervisor and the owner/applicant as required under the Act or these rules or bye laws made under the Act has not been signed by such Architect or Building Designer or Engineer or Town Planner or Supervisor and the owner/applicant;

(iv) any information or document or certificate required by the Secretary under these rules or bye laws made under the Act has not been duly furnished;

(v) the owner of the land has not laid down and made street or streets or road or roads giving access to the site or sites connecting an existing public or private street while utilising, selling or leasing out or otherwise disposing of the land or any portion or portions of the same site for construction of building:

Provided that if the site abuts on any existing public or private street no such street or road shall be laid down or made;

(vi) the proposed building would be an encroachment upon a land belonging to the Government or the Panchayat;

(vii) the land is under acquisition proceedings; and

(viii) non remittance of fee for development permit and building permit, as provided for in these rules as intimated by the secretary.

14. Period within which approval or disapproval shall be intimated.— The Secretary shall, within thirty days from the date of receipt of the application for approval of site plan, or any