MANJU RADHAKRISHNAN Vs. THE SECRETARY, SANTHANPARA GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner is the owner of a building, for which foundation was laid 35 years back and the construction has been completed later, at different periods. At the time when the foundation was laid, the Kerala Panchayat Building Rules have not come into force. But, now the application for numbering the building has been rejected by Ext.P3 order on the ground that the building does not maintain the sufficient distance from the road and thereby, violates the Building Rules. The legality and propriety of the above reasonings are under challenge in this writ petition.

(2.) Going by Ext.P6, it is seen that after conducting the site inspection, the Secretary himself observed that the foundation of the building was laid 40 years back and thereafter the petitioner has proceeded with the construction during different periods and finally she completed the building four years back. At that time, building permit was not required for the construction of the buildings in that Panchayat. But, subsequently, on the application seeking numbering of the building, when he inspected the building, it was found that the construction of the building violates the Building Rules, which are in force now.

(3.) This Court is of the opinion that in a case where the statutory authority is convinced of the fact that the construction of the building was made during a period when building permit was not required for the construction, the Panchayat cannot consider the legality of that construction on the basis of the requirements under the Building Rules which came into force later, after the completion of the construction. It is made clear that the legality of the construction has to be examined with the yardstick of law which was prevailing at the relevant time of construction only and the subsequent changes in law, cannot be pressed into service, while considering the application seeking numbering of the building or issuance of the occupancy certificate.