Dismissed

Rahul, v. Aroor Grama Panchayat

Kerala HC27 Feb 2023WP(C)/14365/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging a direction to obtain NHAI NOC. The petitioner was directed that the Panchayat must consider the building permit application without insisting for NHAI NOC but may be heard on the matter.

What did the court decide?

Directed the Secretary of the 1st respondent Panchayat to consider the building permit application without insisting for NOC from NHAI.

Rahul, Vs Aroor Grama Panchayat — Landlord and Tenant | Kerala HC (2023)

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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 VIJU ABRAHAM

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MONDAY, THE 27^TH DAY OF FEBRUARY 2023 / 8TH PHALGUNA, 1944

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WP(C) NO. 14365 OF 2022

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PETITIONER/S:

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1 RAHUL, AGED 39 YEARS PADMALAYATHIL, CHANDIROOR, ALAPPUZHA 688 534.

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2 SMITHA, PADMALAYATHIL, CHANDIROOR, ALAPPUZHA 688 534.

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BY ADV NIDHI BALACHANDRAN

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RESPONDENT/S:

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1 AROOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, AROOR (.P.O.), ALAPPUZHA 688 534.

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2 ADDL.R2. NATIONAL HIGHWAY AUTHORITY OF INDIA, VII/511 B, NEITHELI-MAVELIPURAM ROAD, KAKKANAD, KOCHI-682 030.

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3 ADDL.R3. THE EXECUTIVE ENGINEER (NATIONAL HIGHWAY), MINI CIVIL STATION, THATHAMBALLI (P.O.) ALAPPUZHA-688013.

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4 ADDL.R4. THE REGIONAL OFFICER, NHAI, NEITHELI-MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD682 030

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5 ADDL.R5. THE ASSISTANT ENGINEER, N H SECTION, PATTANAKKADU SECTION, CHERTHALAI - 688524. [ADDL.R2 TO R5 ARE IMPLEADED AS PER ORDER DATED 23/08/2022 IN I.A:2/22 IN WP(C) 14365/2022]

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.14365 of 2022 2

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VIJU ABRAHAM,J

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W.P.(C).No.14365 of 2022

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Dated this the 27^th day of February, 2023

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JUDGMENT

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Petitioner has approached this Court challenging Ext.P5 wherein the petitioner was directed to obtain

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an NOC from additional 2^nd respondent for

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consideration of building permit application pending

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before the 1^st respondent Panchayat.

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Petitioner submits that the issue is covered

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in his favour as per Ext.P6 judgment in W.P(C) No.11694 of 2019.

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The Standing Counsel for Additional 2^nd

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respondent upon instructions submitted that the National Highway Authority has no objection in the Panchayat authorities in processing the application

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for building permit. The above processing and

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issuance of such building permit shall not come in the way of NHAI from insisting for any NOC from them

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or for insisting on obtaining an Access Permit from

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W.P.(C).No.14365 of 2022 3

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the NHAI.

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In view of the statement as made above, the writ petition is disposed of with a direction to the Secretary to the 1^st respondent Panchayat to consider Ext.P1 building permit application submitted by the petitioner without insisting for NOC from the NHAI and take appropriate decision thereon within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. It is made clear that this judgment will not stand in the way of NHAI taking any proceedings against the petitioner on the requirement of NOC/Access Permit, if situation so warrants.

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Above writ petition is disposed of accordingly.

sd/-

VIJU ABRAHAM,

W.P.(C).No.14365 of 2022 4

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APPENDIX OF WP(C) 14365/2022

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PETITIONER EXHIBITS

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Exhibit	P1 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE RESPONDENT THROUGH ONLINE ON 4/3/21.
Exhibit	P2 TRUE COPY OF THE RECEIPT OF THE PHYSICAL COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE RESPONDENT ON 6/3/21.
Exhibit	P3 TRUE COPY OF THE COMMUNICATION DATED 16/7/21 ISSUED BY THE RESPONDENT.
Exhibit	P4 TRUE COPY OF THE RECEIPT DATED 10/1/21 ISSUED BY THE RESPONDENT.
Exhibit	P5 TRUE COPY OF THE COMMUNICATION DATED 10/3/22 ISSUED BY THE RESPONDENT.
Exhibit	P6 TRUE COPY OF THE JUDGMENT DATED 17/4/19 IN WPC 11694 OF THIS HON'BLE COURT.
Exhibit	P7 A TRUE COPY OF BID NOTICE DATED 13/6/2022 ISSUED BY THE NATIONAL HIGHWAY AUTHORITY
Exhibit	P8 A TRUE COPY OF THE JUDGMENT DATED 23/11/22 IN WPC NO 34586/22 OF THIS HON'BLE COURT

Rahul, v. Aroor Grama Panchayat

Case brief

What is this about?

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Rahul, v. Aroor Grama Panchayat

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