KOCHI: Guidelines should be issued by the state government to prevent local bodies from granting building permits in violation of land laws, except in the case of garden land, said the high court.
Justice A Muhamed Mustaque has asked the principal secretary of local self-government department (LSGD) to inform the views of the government on the matter.
An interim order issued by the court said that except in cases of garden land, in all other cases it may be required to have an active deliberation among different agencies which have been entrusted with the power of regulating utilization of this land. It is appropriate for the government to deliberate and come out with the clear guidelines in regard to granting of permission by the local authority in regard to land which has not been classified as garden land.
The court pointed out that different legislations cover the land in the state. Some constructions are made in land assigned for cultivation under Kerala Land Assignment Act while some constructions are carried out in plantations of coffee, rubber, etc. Local bodies are often granting building permits overlooking the land laws. An entrepreneur spends a huge amount for construction and later finds that construction was not permitted, the court said while explaining the reason for the present order as well as an earlier order to consider establishing a single-window clearance system for granting building permits in Idukki and Wayanad districts.
Further, the court said it is seeing a large number of cases challenging action initiated by the revenue department after completion of construction.
The court is considering a petition by Laly George of Bison Valley in Idukki through advocate Mathew A Kuzhalnadan. A circular issued by Idukki district collector on June 9, 2016, is being challenged by the petitioner. It is alleged that the collector made NOC from revenue department mandatory for issuing building permits in nine villages in Idukki district, citing a high court order, whereas the court had ordered it only in respect of Munnar village.
Source: ET Realty