MOHAMMED HABEEBULLA Vs. CORPORATION OF COCHIN

JUDGEMENT

(1.) This writ petition is filed by the petitioner, who has constructed a five storied building, seeking to quash Ext. P6 order passed by the Secretary of the Kochi Corporation cancelling the permit granted to the petitioner for the construction of the building.

(2.) The subject issue has a chequered history. Anyway, consequent to the objections filed to Ext. P6, the petitioner has approached this Court by filing W.P.(C) No. 28267 of 2007 and on the basis of the directions issued, the subject matter was considered by the State Government and has passed Ext. P10 order dated 30.10.2009, by which it was found that there is lack of sufficient set back in contemplation of Rule 117 of the Kerala Municipality Building Rules, 1999 ('Rules, 1999' for short) and also Rule 42(4) in respect of the Fire Escape Staircase and other consequential requirements. The order of the Government reads thus:

(3.) A reading of Ext. P6 order passed by the Secretary and Ext. P10 order passed by the Government makes it clear that, after due inspection, it was found that there are violations of the Kerala Municipality Building Rules 1999 (Rules, 1999), although of trivial nature. The findings so rendered are surrounded by various factual aspects, which were applied to the provisions of the Rules, 1999 and have arrived at the conclusions therein. Apparently, as per Rule 56(2) of the Rules, 1999, there should be a set back of 1.5 meter for a building upto 10 meters height and there shall be an increase of rear open space at the rate of 0.5 meters per every 3 meter exceeding the initial 10 meters height. However, such extent of open space in the ownership of the petitioner is not available on ground to meet up with the requirements fully, and in order to tide over the situation, the petitioner has entered into a lease arrangement with the neighbouring property owner; but according to the Government, lease arrangement is not sufficient to satisfy the provisions of the Building Rules.