RAJESH C Vs. PALAKKAD MUNICIPALITY

JUDGEMENT

(1.) THE petitioner has filed this writ petition aggrieved by Ext.P1 order of the first respondent rejecting the application for building permit submitted by him. The petitioner's application has been rejected for the reason that as per the approved Master Plan, the petitioner's property is situate in an area that has been demarcated for agricultural purpose. The counsel for the petitioner places reliance on Exts.P2 and P3 orders issued by the Revenue Divisional Officer, Palakkad under the Kerala Land Utilisation Order permitting conversion of the petitioner's land. Pursuant to the said order it is submitted that the petitioner's land has been converted into dry land. Since the petitioner's land is not a paddy field as on the date of coming into force of the Kerala Conversion of Paddy Land and Wet Land Act, 2008, it is contended that the petitioner is entitled to be granted the building permit sought for.

(2.) THE counsel for the petitioner also relies on the decision of this Court in Mohanan v. R.D.O. (2010(3) KLT 67, wherein it has been held that permission granted under the Kerala Land Utilisation Order would continue to be valid, notwithstanding the coming into force of the Kerala Conversion of Paddy Land and Wet Land Act, 2008. For the above reason, it is contended that Ext.P1 is unsustainable.

(3.) IN view of the fact that the petitioner's land has ceased to be a paddy field long before the coming into force of the Kerala Conversion of Paddy Land and Wet Land Act, 2008, there is no justification for declining the request of the petitioner for the grant of a building permit. The stand of the Municipality is that grant of building permit is not permissible in view of the fact that the petitioner's land is situate in an area demarcated for agricultural purpose as per the approved Master Plan. The said reason is not sustainable in the light of the dictum laid down by the Apex Court in the decision reported in Raju S.Jathmalani v. State of Maharashtra (2005(11) SCC 222). For the above reason, Ext.P1 is set aside.