K. TONY THOMAS Vs. VYTHIRI GRAMA PANCHAYATH

JUDGEMENT

(1.) Petitioner has a house in Wayanad which was built in 1968. Since Wayanad is a tourist destination, he applied for a change of occupancy of the house from ''residential' to 'homestay' (category A1 to A2 as per the building rules) to cater to the demands of tourism. However, by the impugned order dated 03.04.2023, the Secretary of the 1st respondent Panchayat declined the request, stating that in areas coming within 500 metres distance from the red zone, only residential buildings of 200 sq.m alone are permitted to be constructed in view of the order of the District Disaster Management Authority (for short 'the DDMA').

(2.) Some areas of Wayanad are alleged to be prone to landslides. The DDMA has prepared zonation maps under the Disaster Management Act 2005 (for short DM Act). Petitioner pleaded that his existing residential building is situated in the safe zone of the zonation map prepared by the DDMA, and no danger of any nature has ever occurred in the nearby areas. In the meantime, DDMA had, by an order dated 30-06-2015 issued under section 30(2)(iii) & (v), imposed restrictions on new constructions above a particular height. However, it is alleged that petitioner's request for a mere change of occupancy was declined on an apparent wrong interpretation by treating the change of occupancy as a construction. It is further pleaded that a homestay and a residential building are practically the same and therefore, change of occupancy from a 'residence' to a 'homestay' has no significance. Petitioner has also alleged that several buildings are under construction between the petitioner's residence and the red zone, and while those buildings have been permitted to be constructed and used, the change of occupancy sought by the petitioner has been denied, apparently due to malafide reasons.

(3.) Initially, a statement was filed on behalf of the 2nd respondent pointing out that petitioner's property is situated within 500 metres of the boundary point of high hazard zone. It was averred that by two orders dated 21.08.2019 and 07.11.2019 the Chairman DDMA Wayanad had imposed restrictions in the area marked as High Hazard Zone and all the land coming within 500 metres distance from all boundary points of the said area in Wayanad. The 2nd respondent also stated that the petitioner's land was got inspected by the Hazard Analyst on 14-08-2023, and it was reported that the building falls within 500 metres of the boundary point of high hazard zone. According to the 2nd respondent since the property falls under the term 'landslide prone area' as defined, the change of occupancy as sought for, is against the substance of the order and will lead to widespread misuse. It is also stated that since commercial buildings will include regular movement of people as guests during seasons, it would be difficult to evacuate and regulate the crowd in times of emergency and disasters and therefore, only residential houses, educational buildings, community and religious buildings, hospitals and small industrial units are permitted that too, subject to conditions.