Disposed

Vinod Kumar v. Navaikulam Grama Panchayat

Kerala HC14 Dec 2020WP(C)/14571/2019

Case brief

AI extract

What is this about?

Petitioner sought occupancy certificate for a commercial building. Court held that despite proposed highway acquisition nearby, occupation certificate should be issued as prior permission existed, subject to acquisition requirements.

What did the court decide?

Directed Panchayat to consider application for regularisation and occupancy certificate without insisting on No Objection Certificate from National Highways Authority.

Vinod Kumar Vs Navaikulam Grama Panchayat — Property and Title | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942

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WP(C).No.14571 OF 2019(V)

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PETITIONER:

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VINOD KUMAR AGED 45 YEARS S/O. VASUDEVAN PILLAI, PRANAVAM, VETTIYARA P.O, THIRUVANANTHAPURAM-695 603.

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BY ADVS. SRI.K.SIJU SRI.S.ABHILASH SMT.S.REKHA KUMARI

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RESPONDENTS:

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1 NAVAIKULAM GRAMA PANCHAYAT NAVAIKULAM P.O, THIRUVANANTHAPURAM-695 603, REPRESENTED BY ITS SECRETARY.

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2 THE SECRETARY, NAVAIKULAM GRAMA PANCHAYAT, NAVAIKULAM P.O, THIRUVANANTHAPURAM-695 603.

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3 OVERSEER, OFFICE OF THE ASSISTANT ENGINEER-LSGD SECTION, NAVAIKULAM, GRAMA PANCHAYAT, NAVAIKULAM P.O, THIRUVANANTHAPURAM-695 603

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4 ADDL. R4. SPECIAL DEPUTY COLLECTOR(LAND ACQUISITION) NHAI, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM 695 043

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ADDL.R4 IMPLEADED AS PER ORDER DATED 25.11.19 IN IA NO.2/19 IN W.P.(C) 14571/19.

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5 ADDL.R5.THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA, THIRUVANANTHAPURAM, TC-36-414(3), NEAR NSS HIGHER SECONDARY SCHOOL, PALKULANGARA, THIRUVANANTHAPURAM695 024

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ADDL.R5 IMPLEADED AS PER ORDER DATED 01.07.2020 IN IA NO.1/2020 IN W.P.(C) 14571/2019

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WP(C).No.14571 OF 2019(V)

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BY ADV. G RANJITHA GP R1-3 BY ADV. SRI.BIJU BALAKRISHNAN R1-3 BY ADV. SMT.V.S.RAKHEE R3 BY ADV. SMT.SAYUJYA R5 BY ADV. I.SHEELA DEVI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14571 OF 2019(V)

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JUDGMENT

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Dated this the 14th day of December 2020

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The petitioner constructed a commercial building after obtaining building permit from Navaikulam Grama Panchayat on 11.12.2014.

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As per the building permit, the petitioner was entitled to construct the ground floor, having a plinth area of 53.12 M² . The petitioner appears to have constructed the first floor also. As per law, there is no difficulty in regularising the building, if the same was constructed in accordance with the building rules, even if the petitioner had not obtained permission for construction of the first floor. However, in peculiar facts of this case, the Panchayat is not in a position to act upon the request for regularisation as well. This was for the reason that the construction

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WP(C).No.14571 OF 2019(V)

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is very near to the proposed widening of the National Highways. The National Highways authority has notified acquisition of the land for widening on 20.08.2020.

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The Panchayat also pointed out one more defect that existed in the application in regard to the non-construction of the staircase leading to the upstairs. The petitioner submits that the petitioner cured that defect.

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If the petitioner had constructed the building in accordance with the building permit issued in the year 2014 and subsequent construction of the first floor also can be regularised in accordance with the building rules, this Court is of the view that the notification issued by the National Highways authority for acquiring the nearest land will not stand in the way of the petitioner in obtaining occupancy certificate. However, any use of the building by the petitioner will be

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WP(C).No.14571 OF 2019(V)

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subject to any proposal for acquisition by the National Highways for widening.

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The learned Counsel for the Panchayat fairly submitted that this Court in (2020 (5) KLT 785) Jewel Homes Pvt. Ltd v. Fire and Rescue Services held that subsequent notification issued by the National Highways Authority for widening the National Highways will not stand in the way of issuing occupancy certificate in accordance with the building permit which was issued prior to such notification.

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In the light of the above, I am of the view that the Panchayat shall consider the application for regularisation as well as occupancy certificate in accordance with the building rules and permit issued without insisting No Objection Certificate from the National Highways Authority. However, it is make clear that the National Highways Authority

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WP(C).No.14571 OF 2019(V)

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can proceed even against the petitioner's building, if it is required for widening or any purposes under the National Highways.

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The writ petition is disposed of

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accordingly.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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SKP

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WP(C).No.14571 OF 2019(V)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 25.10.2017 ISSUED BY THE VILLAGE OFFICER, NAVAIKULAM.
EXHIBIT P2	THE TRUE COPY OF THE BUILDING PERMIT DATED 11.12.2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P3	THE COPY OF ORDER DATED 11.4.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITONER ANNEXED WITH THE REPORT OF THE OVERSEER.
EXHIBIT P4	THE TRUE COPY OF RELEVANT PAGE OF THE PLAN SUBMITTED ALONG WITH APPLICATION FOR REGULARIZATION SHOWING THE LIE OF THE NATIONAL HIGHWAY AND THE PROPOSED AREA OF ACQUISITION.

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RESPONDENTS'S EXHIBITS:

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EXHIBIT	R2(a) COPY OF THE BUILD	ING PERMIT.
EXHIBIT	R2(b) TRUE COPY OF THE THE ASSISTANT ENG SECRETARY NAVAIKU	LETTER DT. 09.02.2018 OF INEER, LSGD TO THE LAM GRAMA PANCHAYAT.
EXHIBIT	R2(c) TRUE COPY OF THE ISSUED BY THE 2ND	LETTER DT. 09.02.2018 RESPONDENT.
EXHIBIT	R2(d) TRUE COPY OF THE MR. SULAIMAN.	COMPLAINT DT.15.02.2018 OF
EXHIBIT	R2(e) TRUE COPY OF THE THE 3RD RESPONDEN	REPORT DT.19.06.2018 OF T.
EXHIBIT	R2(f) TRUE COPY OF THE ISSUED BY THE 2ND	LETTER DT. 04.07.2018 RESPONDENT.
EXHIBIT	R2(g) TRUE COPY OF THE SUBMITTED BY THE	REPORT DT. 15.10.2018 3RD RESPONDENT.
EXHIBIT	R2(h) TRUE COPY OF THE	REPORT DT. 01.02.2019.
EXHIBIT	R2(i) TRUE COPY OF THE ISSUED BY THE 2ND PETITIONER.	LETTER DT. 11.04.2019 RESPONDENT TO THE

Vinod Kumar v. Navaikulam Grama Panchayat

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Vinod Kumar v. Navaikulam Grama Panchayat

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