P.H. BABU ANSARI Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) Writ Petitioners seek directions to exclude their property from the category of 'Park and Open space' as stipulated in the Structural Plan/Master Plan for Kottayam. Petitioners also seek for a direction to accept their applications for building permits and to grant permissions to construct buildings without reference to the Master Plan.

(2.) Petitioners are the owners of an extent of 137.86 Ares and another 176.52 Ares of land in Block No.18 of Muttambalam Village, Kottayam. Petitioners allege that though the total area of 314.38 Ares is earmarked as 'Park and Open Space' in the Master Plan for Kottayam, which was sanctioned on 14/5/2020, the Municipality ought to have acquired the land for establishing the said park. Despite the lapse of two years from the date the Master Plan came into operation, the Municipality failed to take any steps to acquire the property. In such a situation, petitioners issued purchase notices under sec. 67(1) of the Kerala Town and Country Planning Act, 2016 (for short 'the Act'). Though the notices were served on the respondents on 2/12/2022, there has been no response and therefore, the statutory scheme contemplated under the said provision will apply. Petitioners also allege that their applications for building permits will have to be considered without regard to the Master Plan.

(3.) A statement has been filed on behalf of the respondents contending that the property was included in the Master Plan and is earmarked for 'Park and Open Space' and that no construction can be permitted. It is stated that if the petitioners have to carry out constructions, they have to get approval from the Chief Town Planner/the District Town Planner and that in the instant case, no such approval has also been obtained. The Municipality alleges that the notice produced in the writ petition is not a purchase notice prescribed under the Act. It was pointed out that, in the absence of a purchase notice issued in the prescribed form, as contemplated under the Statute, the Municipality has no obligation to consider such a notice. It was also submitted that the application for building permit submitted by the petitioners was dismissed on 11/8/2022 and that the same has not been challenged.