JOY SCARIA Vs. MEENACHIL GRAMA PANCHAYAT

JUDGEMENT

(1.) Meenachil Grama Panchayat issued a permit to the fifth respondent to construct an M-sand unit on approval of layout by the Chief Town Planner. Under Rule 61 of the Kerala Panchayat Building Rules, 2011 relatable to Group-I hazardous occupancy, the site must have minimum clear width of access of 7 meters. [See Rule 61(4) of the Kerala Panchayat Building Rules].

(2.) The fifth respondent in this appeal obtained an approval of layout from the Chief Town Planner on a condition that he will ensure the width of the bridge is made to 7 meters at the time of its reconstruction. It is through this bridge the fifth respondent is having access to his site. This was questioned by the appellant herein before the Tribunal for the Local Self Government Institution, Thiruvananthapuram. This challenge was negatived by the Tribunal, and subsequently, a writ petition was filed before this Court. The learned Single Judge who heard the writ petition dismissed the same. This is how, the appeal was preferred by the petitioner.

(3.) It is appropriate to refer Rule 61(4) of the Kerala Panchayat Building Rules, which reads thus: The minimum clear width of access to a building as well as the width of the street giving access to the plot from the main street shall be 7 metres and shall be motorable. The above statutory provision is mandatory. No authority can dilute the statutory provision to grant mandatory approval. Statutory authorities are bound to ensure that, before a permit is being granted, there exist a minimum clear width of 7 meters access to the building or plot from main street. Statutory provisions cannot be diluted by obtaining an undertaking to that effect that access to the plot will be widened in future. Therefore, we are of the view that both the Tribunal and the learned Single Judge erred in holding otherwise.