MARIA OOMMEN, PUTHUPALLY HOUSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks to quash Regulation 11(3) of the General Town Planning Scheme for Trivandrum and to declare that Regulation 11(2)(i) permits construction of single family residential building of floor area up to 300 square metres in areas which are substantially built up, under Trivandrum Town Planning Scheme. The petitioner further seeks to quash Ext.P11 order and to direct the respondents to pass appropriate orders on Ext.P9 application in a time constrained manner.

(2.) The petitioner states that he owns two plots of land of 2.83 Ares and 2.53 Ares in Survey No.142-5 in Sasthamangalam Village, Thiruvananthapuram Taluk. The petitioner applied for Building Permit to construct a house in the plot, in the year 2013. The application was rejected. The petitioner made a second application, Ext.P4, on 15.02.2019. The building plan was for 383 Square Metres. The application was not processed.

(3.) On an application made under the Right to Information Act, the petitioner, as per Ext.P5, was informed that the plot is coming within Green Strip/Agricultural Reservation Zone under the General Town Planning Scheme for Trivandrum. The other deficiencies pointed out in Ext.P5 are curable by the petitioner. The whole area around the petitioner's property is built up by residential buildings and is now known as 'Sudarsan Nagar'. Therefore, the petitioner's application for building permit has to be considered under Regulation 11(2)(i) under which the petitioner is entitled to construct residential building up to 300 Square Metres.