A writ petition challenging the refund of building permit fees paid for extra FAR granted after land surrender. The High Court dismissed the petition, holding that once the extra FAR benefit is enjoyed, no refund is permitted, and the petition lacks necessary pleadings on excess fees.
Petition dismissed as devoid of merit; no refund of building permit fees granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 2ND DAY OF FEBRUARY 2023 / 13TH MAGHA, 1944
WP(C) NO. 1974 OF 2013
PETITIONER:
YOUNGMEN’S CHRISTIAN ASSOCIATION (YMCA)
YMCA TOWER, PALACE ROAD, THRISSUR, 680020
REPRESENTED BY ITS GENERAL SECRETARY,
JUNIE PAUL ZACHARIAH, S/O.K.Z.PAULOSE, AGED 34 YEARS.
BY ADV SRI.K.R.SUNIL
RESPONDENTS:
1 THE SECRETARY LOCAL SELF GOVT. INSTITUTIONS, GOVT.SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001.2 CORPORATION OF THRISSUR REPRESENTED BY ITS SECRETARY,THRISSUR, PIN-680001.3 THE TOWN PLANNER CORPORATION OF THRISSUR,THRISSUR-680001.BY ADV SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1974 OF 2013
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JUDGMENT
This is a classic case of disputed question of fact raised in the present writ petition with regard to the refund of a sum of Rs.5,62,369/- (Rupees five lakhs sixty two thousand three hundred and sixty nine only) deposited as permit ch arges on 12.02.2004.
WP(C) NO. 1974 OF 2013
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Municipality Building Rules, 1999, Chapter 11, petitioner is liable to be returned excess amount of the building permit which has not been done despite having requested and therefore was impelled to approach this Court under Article 226 of the Constitution of India.
WP(C) NO. 1974 OF 2013
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hereinbelow:
“ 81. Coverage and floor area ratio.-
(1) Maximum coverage permissible by the committee constituted under rule 85 shall not exceed 80 per cent for residential, special residential, mercantile or commercial, small industrial and storage occupancy; 60 per cent for assembly, office and industrial occupancy, 50 per cent for educational, medical or hospital and hazardous occupancy under Group I(1) and 40 percent for hazardous Group I (2) occupancy.
(2) The maximum floor area permissible based on the FAR values for various occupancies shall be calculated as follows.
Provided that the maximum FAR permissible calculated in the above manner shall not exceed the FAR as per column 5 of table 2 for the entire land.
Provided further that FAR of column 5 of table 2 in rule 31 for the entire land shall be permitted on payment of additional fee at the rate specified in subrule (3) of rule 31 for the difference area if any. “
WP(C) NO. 1974 OF 2013
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above, a person who is entitled to get an extra FAR on surrendering of the land, which has already been granted. Once the benefit of extra FAR is received, petitioner cannot be
permitted to seek the refund of the fee amount. Writ petition is devoid of merit , accordingly dismissed.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C) NO. 1974 OF 2013
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APPENDIX OF WP(C) 1974/2013
PETITIONER EXHIBITS
EXHIBIT P1. TRUE COPY OF THE BUI9LDING PERMIT VIDE
NO.DW8M DATED 12.2.2004 VALID UPTO
11.2.2007 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P2. TRUE COPY OF THE DOCUMENT OF LAND
RELINQUISHMENT LETTER DATED 9.2.2004
EXECUTED BY THE THEN PRESIDENT OF THE
PETITIONER
EXHIBIT P3. TRUE COPY OF THE DOCUMENT NO.386/07
EXECUTED BY THE THEN PRESIDENT AND
GENERAL SECRETARY OF THE PETITIONER IN
FAVOUR OF THE 2ND RESPONDENT.
EXHIBIT P4. TRUE COPY OF THE AMOUNT DEPOSITED BY THE
PETITIONER DATED 12.2.2004 IN FAVOR OF
THE 2ND RESPONDENT.
EXHIBIT P5TRUE COPY OF THE LAWYER NOTICE DATED
30.4.2010 SEND BY THE PETITIONER TO THE
2ND AND 3RD RESPONDENT.
EXHIBIT P6THE TRUE COPY OF THE REPLY LETTER DATED
1.06.2010 SEND BY THE 2ND RESPONDENT TO
THE PETITIONER
EXHIBIT P7THE TRUE COPY OF THE LETTERS DATED
4.12.2009 SENT BY THE PETITIONER TO THE
2ND RESPONDENT.
EXHIBIT P8THE TRUE COPY OF THE LETTER DATED
10.03.2010 SEND BY THE PETITIONER TO THE
2ND RESPONDENT
2 issues framed by the court
Whether a petitioner who received the benefit of extra floor area ratio (FAR) on surrendering land can claim a refund of building permit fees later.
Whether the writ petition sufficiently pleads the quantum of excess fees charged versus permissible fees to warrant court intervention.
1 provisions across 1 enactments
YOUNGMEN'S CHRISTIAN ASSOCIATION (YMCA)
THE SECRETARY LOCAL SELF GOVT. INSTITUTIONS
CORPORATION OF THRISSUR
THE TOWN PLANNER CORPORATION OF THRISSUR
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court