V.M.KURIAN versus STATE OF KERALA AND ORS.

V.M.KURIAN versus STATE OF KERALA AND ORS.

The State Government is not legally justified in granting exemption from operation of Kerala Municipal Building Rules for construction of high rise buildings without specific recommendations by GCDA and the Chief Town Planner; their written recommendation is a mandatory prerequisite.

Parties
Appellant: V.M. Kurian; Respondents: State of Kerala and Ors.
Jurisdiction
India
Judgment Date
27 March 2001
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; orders of High Court and State Government set aside.
Legal Topics
Exemption From Municipal Building Rules, Public Safety, Town Planning, Grant of Exemptions
Administrative Law Municipal Law Building Regulations Exemption From Municipal Building Rules Public Safety Town Planning Grant of Exemptions

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Parties

V.M. Kurian

Appellant

State of Kerala and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether State Government is competent to grant exemption from Kerala Municipal Building Rules without specific recommendation from GCDA and Chief Town Planner
  2. 2 Meaning and requirement of 'recommendation' under Rule 5 of Kerala Municipal Building Rules

Ratio Decidendi

The State Government is not legally justified in granting exemption from operation of Kerala Municipal Building Rules for construction of high rise buildings without specific recommendations by GCDA and the Chief Town Planner; their written recommendation is a mandatory prerequisite.

Court Disposition

Appeal allowed; orders of High Court and State Government set aside.

Orders

  • The judgment and order of the High Court is set aside.
  • The exemption orders passed by the State Government are set aside.