MATHER PROJECTS P LTD Vs. GOVERMENT OF KERALA

JUDGEMENT

(1.) IN this batch of Writ Petitions, the petitioners, who are builders, are challenging the transitional steps taken by the Government after the extension of the Kerala Municipality building Rules to the Thrikkakara Grama Panchayat and other Grama Panchayats in the State and also the instructions issued by the Government to the Local Bodies as to how the constructions progressing on the strength of NOC obtained from the Panchayats concerned, at the time of extension of Building Rules, should be dealt with. Though several reliefs are sought, the main reliefs pressed before us in these Writ Petitions are the following:

(2.) THIS Writ Petition is treated as the main case for the purpose of referring to the facts and the exhibits. The brief facts of the case are the following: the petitioners constructed a multi-storeyed residential complex, on the strength of the NOC issued by the Thrikkakara Grama Panchayat. The construction was almost complete, but the building numbers were yet to be allotted. At that stage, the Government issued Ext. P3 notification dated 6. 11. 2006, invoking its power under S. 274 (1) of the kerala Panchayat Raj Act, 1994, extending certain provisions of the Kerala Municipality act, 1994 and all the provisions of the Kerala Municipality Building Rules, 1999 to the thrikkakara Grama Panchayat. The Government also issued a notification, G. O. (Ms.)No. 150/2007/lsgd dated 6th June, 2007, extending certain provisions of the Kerala municipality Act, 1994 and all the provisions the Kerala Municipality Building Rules, 1999 (for short, 'building Rules') to all the Village Panchayats in the State. Later, the government issued Ext. P4 Circular dated 20. 6. 2007 stating the guidelines to be followed by the Grama Panchayats at the transitional stage of implementation of the Building rules. The guidelines to be followed while implementing the Building Rules in the thrikkakara Grama Panchayat, were communicated by Ext. P4 (a) Circular dated 20. 7. 2007. Paragraph 5 of Ext. P4 (a) being relevant for the purpose of this case, its translation is quoted below for convenient reference. "for the buildings, the structure of which is completed but which has not so far been numbered, permit fee will be applicable". Later, the Government issued Ext. P4 (b) Circular dated 3. 4. 2008, redressing many of the grievances pointed out by the petitioners against the conditions in Ext. P4 and P4 (a), but the stipulation regarding collection of permit fee mentioned above remained as such and was applicable in the case of all the Grama Panchayats in the State.

(3.) THE petitioners attack the above quoted stipulation regarding collection of permit fee, after the construction is over but before the building is numbered. They submit, the same is highly arbitrary and unjust. In many of the cases, the floor area ratio (for short. 'far') of their buildings exceeds three. The rate of fee leviable for such buildings is excessive and therefore, the impugned stipulation causes serious prejudice to the petitioners, it is submitted.