High Court Kerala High Court

Deepak L. Aswani vs The Corporation Of Cochin on 14 August, 2008

Kerala High Court
Deepak L. Aswani vs The Corporation Of Cochin on 14 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21651 of 2008(C)


1. DEEPAK L. ASWANI,
                      ...  Petitioner

                        Vs



1. THE CORPORATION OF COCHIN,
                       ...       Respondent

2. THE CHIEF TOWN PLANNING OFFICER,

3. THE ASSISTANT EXECUTIVE ENGINEER,

4. THE EXECUTIVE ENGINEER,

                For Petitioner  :SRI.KURIAN GEORGE KANNAMTHANAM (SR.)

                For Respondent  :SRI.K.ANAND, SC, COCHIN CORPN.

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :14/08/2008

 O R D E R
                      ANTONY DOMINIC, J

     -----------------------------------------------------------
                     W.P.(C).No.21651/2008
     -----------------------------------------------------------
           Dated this the 14th     day of August, 2008


                            JUDGMENT

The prayer in this writ petition is against respondents 3

and 4 to provide service connections to the Villas, the

construction of which was completed by the petitioner.

There is a further prayer for a direction against respondents

1 and 2 not to interfere with the petitioner or their

successors in interest in the use and occupation of the

Villas.

2. It would appear that 23 Villas were constructed by

the petitioner on the strength of Exts.P7 and P8 building

permits issued by the respondent Corporation. In order to

get service connection from respondents 3 and 4, petitioner

needs occupancy certificates from the Corporation of

Cochin. Since, occupancy certificate was not issued,

WP(c).No.21651/2008 2

respondents 3 and 4 were not giving service connection and

that lead the petitioner to file this writ petition. Therefore,

what arise for consideration in this writ petition is whether

the Corporation should issue an occupancy certificate as

prayed for by the petitioner in Ext.P13.

3. In the statement filed by the Corporation, it has

been stated that, it issued Ext.P9 stop memo dated

7.2.2007 and that ignoring the same, the petitioner

continued the construction and completed the same only on

8.5.2008. Yet another reason stated by the Corporation is

that the Chief Town Planner has taken objection against

the lay out approval that was granted by the Corporation.

4. On facts it is seen that the date of completion viz

8.5.2008 now relied on by the Corporation is the date on

which the petitioner submitted Ext.P13 and similar other

formal applications for occupancy certificates. However, no

materials, whatsoever has been placed on record to indicate

that this was the date on which the petitioner had

WP(c).No.21651/2008 3

completed the construction. According to the petitioner the

building in question were completed much prior to Ext.P9.

Therefore, I am not in a position to accept the reason now

projected by the Corporation and conclude that despite the

stop memo the petitioner proceeded the construction.

5. In so far as the lay out approval is concerned, the

fact remains that an application was made by the petitioner

and that the lay out was approved by the Corporation as per

Ext.P3 dated 30.10.1995. It may be true that the Chief

Town Planner may have taken objection to what the

Corporation has done. But however so long as the petitioner

has made a proper application and the Corporation has

considered the same and granted its approval on the basis

of which work also has been completed, the Corporation

cannot now be permitted to go back from such approval.

6. In my view, the petitioner is entitled to assert its

entitlement based on the layout approval granted by the

Corporation.

WP(c).No.21651/2008 4

7. Yet another reason stated by the Corporation is that

the validity of the permit has expired on 28.3.2008 and that

the conclusion was completed much later. Here again the

Corporation is banking on the date of Ext.P13, which can

be of no significance. Therefore all the three reasons

stated by the Corporation for refusal of occupancy

certificate applied for by the petitioner cannot be accepted.

8. According to the writ petition is disposed of

directing the corporation to issue occupancy certificate as

applied for by the petitioner, as expeditiously as possible

and at any rate within 4 weeks from the date of production

of a copy of the judgment.

The Electricity Board and Kerala Water Authority are

refusing to provide service connection for the only reason

that the occupancy certificate has not been produced by the

petitioner. In view of the aforesaid direction it is further

directed that once occupancy certificate is obtained and

WP(c).No.21651/2008 5

produced before respondents 3 and 4, they shall take

necessary action on the request made by the petitioner.

ANTONY DOMINIC,
JUDGE

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