P.B.PRADEEP KUMAR Vs. MARADU MUNICIPALITY

JUDGEMENT

(1.) The question arising in this writ petition is whether the Government is legally bound to compulsorily acquire the 24.73 Ares of land of petitioners 1 to 4 situated in Maradu Village in view of issuance of purchase notice by them under Sec. 67 of the Kerala Town and Country Planning Act, 2016 since there is a proposal for construction of Kochi Muvattupuzha Road which is to pass through the petitioners' land. The further question is that in view of the refusal of the Government to acquire the land in spite of service of purchase notice, whether the Maradu Municipality is bound to review the Town Planning Scheme/Master Plan and consider the application submitted by the petitioners for issuance of Building Permit.

(2.) Petitioners 1 to 4 own 24.73 Ares of land in Re-Surey Nos.221/4-2, 221/4-2-2, 221/4-2-2-2, 221/5-2-2, 221/5-3, 221/9, 221/10 and 221/12 of Maradu Village. Petitioners 1 to 4 made a Joint Venture with the 5th petitionerCompany with an intention to develop the land and construct an Apartment Complex. Application for Building Permit was submitted in June, 2018. The original building plan had to be changed and a fresh application was submitted in February, 2019. The Municipal Authorities refused to entertain the Building Permit applications for the reason that there is a proposal for a 27 metre wide road from Willingdon Island to Muvattupuzha through this area, in the Structural Plan for Kochi 1991.

(3.) The said plan exists for more than 30 years and the authorities are not genuinely interested in implementing the same. The petitioners therefore submitted Exts.P5 and P5(a) purchase notices to the Municipality invoking Sec. 67 of the Kerala Town and Country Planning Act, 2016 in July, 2019. As the Municipal authorities declined to act, the petitioner filed W.P.(C) No.26821/2019. This Court finding that it is the Government who is to construct the road, disposed of the writ petition as per Ext.P7 judgment dtd. 8/1/2020 directing the Government to take a decision on Sec. 67 purchase notice.