JOSE Vs. ALAGAPPANAGAR GRAMAPANCHAYATH

JUDGEMENT

(1.) The petitioners are persons who have purchased small extents of land out of a total of 30 cents owned by the original owner of the property, the 2nd petitioner in W.P.(C) No.7838 of 2016, who also retained a plot for himself in the said property. The petitioners' grievance is that a building permit application filed before the Panchayat has been declined by the impugned orders, pointing out the defect of there being no lay out approval for the sub division of plots and the plan being not in consonance with the Kerala Building Rules, 2011.

(2.) The learned Counsel for the petitioners submits that the respondent-Panchayat is a Category II Village Panchayat and, hence, the provisions under Chapter XXI would be applicable. It is also submitted that if at all Rule 31 is looked at, the minimum width for a street is prescribed only for sub division of plots from a total extent of land in excess of 0.5 hectares and sub divided into more than 20 plots. In the present case, the sub division is made of 30 cents of land and the sub division is also to less than 20 plots.

(3.) The learned Standing Counsel for the Panchayat would point out that Chapter XXI cannot be made applicable because it speaks of single family residential buildings in Category II Village Panchayat and does not speak of sub division of lands into small extents from a large extent; upon which the lay out plan is required and the Circular, bearing No.64804/R.A1/2013/LSGD dated 27.11.2013, would be applicable, specifically sub-clause 9 of Clause-I. The learned Standing Counsel also submits that sub- clause (b) of Rule 31(ii) specifies that every street in the layout shall have a width of not less than 6 (six) metres and shall be motorable.