Disposed

Thrissur Corporation v. Anwar.P.K.

Kerala HC20 Oct 2023WA/89/2022

Case brief

AI extract

What is this about?

This appeal challenged a judgment accepting a writ petition that quashed a Corporation order regarding FAR calculation. The court directed the Corporation to decide FAR based on the entire land extent held by the petitioner and allowed deduction of constructed areas for future permits.

What did the court decide?

Directed Corporation to consider submitted plan for entire plot and decide FAR calculation as a whole; permitted deduction of constructed area for future plans.

Thrissur Corporation Vs Anwar.P.K. — Land Acquisition | Kerala HC (2023)

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W. A. No. 89 of 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 20TH DAY OF OCTOBER 2023 / 28TH ASWINA, 1945

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WA NO. 89 OF 2022

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AGAINST THE JUDGMENT WP(C) 11996/2021 OF HIGH COURT OF
KERALA

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APPELLANT/S:

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1 THRISSUR CORPORATION

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MUNICIPAL OFFICE ROAD, KURUPPAM, THEKKINKADU
MAIDAN, THRISSUR DISTRICT-680 001, REP BY THE
SECRETARY-680 001

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2THE SECRETARY,
THRISSUR CORPORATION, MUNICIPAL OFFICE ROAD,
KURUPPAM, THEKKINKADU MAIDAN, THRISSUR DISTRICT-
680 001

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BY ADV SANTHOSH P.PODUVAL, SC, THRISSUR
CORPORATION

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RESPONDENT/S:

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ANWAR.P.K.
AGED 60 YEARS
S/O LATE KUNHIBAVA POKKAKKILLATH HOUSE,
KUTTAMANGALAM, EDATHURUTHY P.O.THRISSUR DISTRICT-
680 703

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BY ADVS.
SABU GEORGE .
P.B.KRISHNAN(K/1193/1994)
P.B.SUBRAMANYAN(K/1145/2009)

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
20.10.2023, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

W. A. No. 89 of 2022

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J U D G M E N T

Dated this the 20^th day of October, 2023

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A. J. Desai, C. J.

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By way of the present appeal filed under Section 5 of the Kerala High Court Act, 1958, the original respondents, i.e. the

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Thrissur Corporation and its Secretary, have challenged the judgment dated 23.09.2021 in W. P. (C) No. 11996 of 2021 by which the learned Single Judge has accepted the writ petition filed by the present respondent, quashing and setting aside Ext. P10 communication/order passed by the appellant Corporation, requiring the petitioner to submit plan showing the extent of property held by him and estimating the FAR and coverage of the total plot lying together, as per the Building Rules.

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Learned Advocate for the appellants would submit that the FAR is required to be calculated as per Rule 31 of the Kerala Municipal Building Rules, 1999, hereinafter referred to as ‘the Rules’. The plot is also defined under Rule (bg) of the said Rules. As per Rule (bg), ‘plot’ means a parcel or piece of land enclosed by definite boundaries. Therefore, the original petitioner has to submit

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W. A. No. 89 of 2022

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the plan showing the entire plot, though he may be putting up construction only on a part of the said land. He would submit that, in future, if the original petitioner submits another plan for putting up construction on the remaining land, the same method shall be applicable after deducing the construction put up pursuant to the present plan. He therefore would submit that appropriate orders are required to be passed in this appeal.

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On the other hand, the learned Advocate for the original petitioner would submit that when the plan was submitted, the entire plot was mentioned in the plan and the petitioner proposes to put up apartments only in a portion of that land. He would further submit that when a specific statement has been made on behalf of the Corporation that the benefit of FAR would be available for future constructions in the plot in question, appropriate orders may be passed. Finally it is submitted that a plan showing the entire extent of land held by the original petitioner has been submitted before the Corporation, after disposal of the writ petition.

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Considering the above submissions, we dispose of this appeal with the following observations:-

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W. A. No. 89 of 2022

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(i) The Corporation shall consider the plan, which has been

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submitted by the original petitioner subsequent to the disposal of the writ petition, and shall decide the FAR calculation as a whole, though the petitioner intends to put up construction only on a portion of the land which is referred in Ext. P10.

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(ii) In future, if the petitioner submits a new plan for putting up construction in the rest of the plot, it would be open for the Corporation to deduct the area that has been used for construction, based on the present plan submitted by the petitioner, and grant the permit without exceeding the permissible FAR.

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Pending Interlocutory Applications, if any, shall stand closed.

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Sd/A. J. DESAI CHIEF JUSTICE

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Sd/V. G. ARUN JUDGE

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Thrissur Corporation v. Anwar.P.K.

Case brief

What is this about?

What did the court decide?

Thrissur Corporation v. Anwar.P.K.

Case brief

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