Panchayat:Repo18/Law Manual Page0823

ii) have 3 metres as minimum distance between the construction and the street boundary in the case of National Highways, State Highways, District Roads and roads notified by Panchayat; and EVE (iii) have yards of width not less than 90 centimetres.

Provided that, any yard other than that abutting a street can be reduced upto a width of 60 centimetres and with the written consent of the owner of the land on any side, can even abut that boundary:

Provided further that no opening shall be provided on sides abutting the plot boundary and only ventilators (above a height of 2.20 metres above the floor level) shall be provided if the width of yard is less than 90 centimetres:

Provided further that, no construction or hanging of any sort shall project outside the boundaries of the site:

Provided also that the projections like cornice roof, sun shade and weather shade shall be so limited that the width of the remaining open space shall not be less than 30 centimetres:

Provided further that, if the site is within a distance of 100 metres from any property maintained by Defence establishment and/or within 30 metres from the railway boundary and/or within any Security Zone, no work shall be commenced at site, until letter of intimation of the Secretary with regard to objections if any furnished by the authority or officer concerned as per sub-rule (5), (6), (8) and (9) of Rule 5 and sub-rule (5), (6), (8) and (9) of Rule 7 as the case may be, are received by the owner. In such cases, the Secretary shall carry out actions for obtaining objections if any from the respective officer/authority and the same shall be intimated to the owner in writing immediately.

CHAPTER XXII

REGULARISATION OF UNPERMITTED CONSTRUCTIONS AND

DEVIATIONS

134. Power of the Secretary to regularise certain constructions. The Secretary shall have the power to regularise construction or reconstruction addition or alteration of any building or digging of any well or telecommunication tower or any structure or land development or any work, for which permission of the Secretary is necessary under this rule commenced, being carried on completed without obtaining approved plan or in deviation of the approved plan:

Provided that such construction or reconstruction or addition or alteration of any building or digging of any well or telecommunication tower or any structure or land development or any such work shall not be in violation of any of the provisions of the Actor these rules:

Provided further that such power shall not relieve the Secretary of his responsibility in detecting and preventing such work and in taking other actions as per these rules:

Provided also that where the construction or work was commenced, being carried on or completed after the statutory period specified in these rules, such construction or work shall be considered as duly permitted and not one requiring regularization. Here on ball

NOTES Chap.XXR. 143, Chap.XXR. 144, Chap.XXR.145, Chap.XXR. 146, Chap.XXR.147— Regularisation of unauthorised construction - Procedure to be adopted - Secretary is not expected to arrive at any conclusion regarding regularisation of unauthorised construction in the absence of any application for the same by the aggrieved person — Municipality Act, 1994 (Kerala) S.406 — Sheela R. v. Corporation of Thiruvananthapuram and Others — 2009 (3) KHC 133 : 2009 (3) KLT 197 : 2009 (2) KLJ 870 : ILR 2009 (3) Ker. 855 Dt.24-06-2009. nas It may be noticed that appellant had managed to obtain building permit for construction of a three storied building in the car parking area of the existing four storied hotel constructed by him earlier. He