The Hindu 01.11.2010
Demolish complex, orders tribunal
Staff Reporter
| ‘Complex near Thampanoor unlawfully built' |
Corporation asked to initiate proceedings
‘Application for building permit was incomplete'
Thiruvananthapuram: The Tribunal for Local Self-Government has ordered the Thiruvananthapuram City Corporation to demolish a multi-storeyed apartment complex owned by Southern Hospitalities Private Limited at Aristo Junction near Thampanoor.
The tribunal Joseph Thekke Kuruvinal ordered the secretary of the City Corporation to initiate proceedings against the building (building permit number E6/BA-C-319/09) under Section 406 of the Kerala Municipality Act. The law pertains to demolition or alteration of unlawfully constructed buildings and also those being constructed in violation of laws.
Petitioner's contention
The court passed the order on the basis of a petition filed S. Radhamma, 70, a civic minded citizen. She told the court that the building permit was “illegal and improper” and was “against facts and relevant provisions of law.”
Managing Director of Southern Hospitalities Private Limited Xavi Mano Mathew contested Ms. Radhamma's allegation, stating that there was no violation of building permit and the building was being constructed in accordance with the law.
The court noted that Mr. Mathew had not explained how the appeal filed against the building permit by Ms. Radhamma was not “maintainable”.
The Tribunal stated that “where a statute required doing a certain thing in a certain way, the thing must be done in that way or not at all”.
The Tribunal said that Mr. Mathew had not denied that the building permit had been issued in violation of building rules. The court had served notice to the Secretary, Local Self Government Secretariat and Mr. Mathew on September 4, 2010.
However, they did not present themselves before the Tribunal or file any written statements against the appeal till it set the case for ex-parte verdict on September 30.
The Tribunal said several columns in the original application for procuring the building permit were not properly filled.
For instance, the space for mentioning the height and occupancy of the proposed building was left blank in the application.
Column number 12, which pertains to details of documents, plans, certificate etc. was not filled.
The building permit application does not reveal the occupancy of the proposed building, its height or other relevant details and documents needed for getting clearance for construction. The Tribunal said the permit issued on the basis of application was not “sustainable and is liable to be set aside.”
