SAN ROCK Vs. CALICUT MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioners herein are the owners in absolute possession and title of property having an extent of 52.18 Ares comprised in various survey Numbers in Nagaram Village, within the limits of Kozhikode Municipal Corporation. According to the petitioners, they have been remitting tax as well. With intent to construct a commercial building, they submitted an application for building permit on 28.08.2017 before the 1st respondent. The said application was rejected by the 2 nd respondent by Ext.P7 order. One of the reasons for the rejection being that the proposed construction site is earmarked as a heritage zone as per the DTP scheme. Certain other violations under the Municipality Building Rules, 1999 (the Rules, for short) were also noted.

(2.) According to the petitioners, the State of Kerala has accorded sanction for a new master plan for Kozhikode area vide G.O. (Ms.) No.131/2017/LSGD dated 7.7.2017. No such classification has been made in the new master plan, contends the learned counsel. It is further urged that the rejection order is based on mere proposals and there being no orders for acquisition of the property in terms of the Act and Rules, the said order cannot be sustained. It is further submitted that the minor transgressions insofar as the building rules are concerned can always be rectified. It is further stated that the application for building permit cannot be rejected on the pretext that it is intended for future development and unless the property is acquired, the petitioners cannot be denied of the user of the land for any legitimate purpose.

(3.) Heard the learned counsel appearing for the petitioners, who referred to the decisions of this Court in Padmini v. State of Kerala [1999 (3) KLT 465] and Saidu P. v. State of Kerala [2010 (3) KHC 974] to substantiate his contention. According to the learned counsel, the request of the petitioners for issuance of a building permit is liable to be reconsidered without reference to the old DTP scheme.