V M ABDUL SHUKOOR Vs. STATE OF KERALA

JUDGEMENT

(1.) Construction of buildings is regulated to strike a balance between the built and the non-built environment. Planned constructions are essential to ensure sustainable growth and development of the country. However, human greed and utter disregard for law have led to rampant illegal constructions. Official nexus for such reprehensible activities has acted as a bridge for aiding the violators. Illegalities often turn into fait accompli and escape the clutches of law. Nevertheless, courts cannot turn a blind eye when such instances are brought to its notice.

(2.) The above prelude indicates the nature of disputes raised in these two writ petitions. Both writ petitions relate to the construction of a building at Broadway - a commercial hotspot in Kochi. The first writ petition challenged the building permits issued for the construction of additional floors to an existing building, while the second writ petition was filed subsequently after additional information was obtained. Since the issues are connected, both writ petitions are disposed of together.

(3.) Petitioners in W.P.(C) No.5712 of 2023 challenge a building permit dtd. 25/5/2022 (Ext.P12) issued to respondents 9 to 15 and also the building permit dtd. 26/7/2004 (Ext.P14). Petitioners in W.P.(C) No.23754 of 2023 challenge an order of exemption issued by the Government on 17/12/2002 (Ext.P11), allegedly granting exemption from various mandatory provisions of the Kerala Building Rules, 1984 (for short KBR), the decision dtd. 12/4/2018 (Ext.P14) of the Special Committee constituted under Rule 15A of the Kerala Municipality Building Rules, 1999 (for short KMBR 1999) and the consequential building permit dtd. 25/5/2022 (Ext.P15). The orders are challenged as being issued illegally, on extraneous and irrelevant considerations and that too with malafides.