Apple A Day Properites Private … vs Eloor Grama Panchayat on 21 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14370 of 2008(I)


1. APPLE A DAY PROPERITES PRIVATE LIMITED,
                      ...  Petitioner

                        Vs



1. ELOOR GRAMA PANCHAYAT,UDYOGAMANDAL-
                       ...       Respondent

                For Petitioner  :SRI.G.SHRIKUMAR

                For Respondent  :SRI.S.SHANAVAS KHAN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :21/05/2008

 O R D E R
                       ANTONY DOMINIC, J.

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                      W.P.(C) No. 14370 of 2008-I
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                 Dated this the 21stday of May, 2008

                          J U D G M E N T

Petitioner applied for a building permit for a multi-storeyed

having 25 floors. The application was considered by the

respondent Panchayat and Ext.P4 building permit was granted

permitting only 15 floors. Ext.P4 is under challenge in this writ

petition.

2. A counter affidavit has been filed by the Panchayat in

which in paragraphs 7 and 8 it is stated as follows:-

“7. The Panchayat permitted the petitioner to
construct only 16 floors on the basis of G.O.(M.S)
No.143/07/LSGD dated 31/05/2007, dealing with
the modification and varying of structural plan in
Cochin area by which the permitted FAR is two.
But the aforesaid notification has no retrospective
effect and it came into effect from 01/06/2007.
Since the application for construction was made on
25/03/2007 the Panchayat has no objection in
permitting the petitioner to construct their
residential apartment upto 25 floors. As per Table
II of Rule 31 of Kerala Muncipality Building Rules
the permissible FAR is three and Panchayat can
allow construction upto four i.e.3+1 by collecting
compounding fee of Rs.1000/- per Sq.metre for the
additional FAR.

8. It is submitted that the Panchayat has not
caused any delay in the matter of issue of building
permit. The Panchayat has taken all steps on the

W.P.(C).No.14370/2008-I
-: 2 :-

application in time. As and when the
NOC/Clearance Certificates are produced in the
Panchayat from the Airport Authority of Indian,
Pollution Control Board, and the Southern Naval
Command, the Panchayat shall issue permit as per
Ext.P1 application for 25 floors.”

In view of the above, recording the above submission made by

the Panchayat in its counter affidavit, this writ petition is disposed

of.

ANTONY DOMINIC,
Judge

ms