TOWN PLANNER Vs. JOSEPH JACOB

JUDGEMENT

(1.) The simple issue in this appeal is as to the procedure to be followed after issuing a purchase notice under Sec. 67(2) of the Kerala Town and Country Planning Act, 2016 (for short "Act"). The learned Special Government (LSGD), after referring to Sec. 67 of the Act, would submit that a land owner after issuing notice under Sec. 67(2) of the Act will have to wait till the variation proceedings are concluded under the approved Master Plan or the Detailed Town Planning Scheme (for short DTP Scheme).

(2.) The clarity of the law is required in regard to the procedure to be followed in this matter. It is appropriate to refer Sec. 67 of the Act, which reads thus:

(3.) Sec. 67(2) of the Act states that a purchase notice has to be issued by a land owner in respect of a land which has been earmarked for acquisition under the approved Master Plan or DTP Scheme so as to meddle with his land, which has been earmarked for public purposes. There are two sets of procedures envisaged under Sec. 67 of the Act. They are;