SAYEESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The question that is posed for consideration in this case is whether the Government have got power to grant exemption under the Town Planning Act for construction of a non-residential building contrary to the approved development scheme.

(2.) Petitioners are residents of Ward No. IV of Vadakkevila Panchayat in Kollam District, the area which falls within the master plan area under the Kollam Development Authority and is also covered by the master plan sanctioned and notified for the Kollam Development Authority. They are, aggrieved by the Government Order G.O.(Rt.) 1296/97/LAD. dated 5-4-1997 by which exemption was granted to 7th respondent for construction of a hospital building from the zoning regulation of the sanctioned development Plan for Kollam. Counsel appearing for the petitioner Sri. Dinesh R. Shenoy submitted that Government have no power, to grant exemption under the Town Planning Act once the development plan has been approved. Seventh respondent made an application to the Government for exemption for construction of a hospital building in a residential area included in the approved development scheme. Seventh respondent as well as respondent No. l have taken up the stand that even if the development scheme has been approved by the Government, Government have got power under Section 13 of the Town Planning Act, 1108 to revoke, modify or amend the scheme.

(3.) Government of Kerala in exercise of the powers conferred under Sub-section (3) of Section 12 of the Town Planning Act, 1108 have sanctioned the development plan for Quilon Town. The sanctioned scheme has been published under Sub-section (5) of Section 12 of the Act vide notification, G.O.(MS) No. 219/86/LAD dated 3rd November, 1986 in the Kerala Gazette No. 50 dated 23rd December 1986. Prior to that the Quilon Development Authority had forwarded the Development Plan (Master Plan) for Quilon Town to the Government under Section 12 of the Town Planning Act, 1108 through the Chief Town Planner. Government examined the scheme in detail and had accorded sanction to the scheme and notified the same as required under Sub-Section 5 of Section 12 of the said Act. Undisputedly the area in question falls within the residential zone. Question is whether once the scheme has been approved and published in the Gazette, Government can tamper with the scheme.