IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WA.No. 2058 OF 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.15526/2010 DATED 28/06/2010 APPELLANT: 3RD RESPONDENT ---------------------------- GURUVAYOOR MUNICIPALITY,REPRESENTED BY ITS SECRETARY,GURUVAYOOR,THRISSUR DISTRICT. BY ADV. SRI.P.A.AHAMMED SRI.M.SREEKUMAR RESPONDENTS: PETITIONER & RESPONDENTS 1 & 2 --------------------------------------------- 1. SREENIDHI TOWERS PRIVATE LTD,GURUVAYOOR, REPRESENTED BY ITS MANAGING DIRECTOR,K.M.MOHANDAS, S/O.MAMU,SREENIDHI,XXI/299,SREE NAGAR,POOTHOLE POST,THRISSUR DISTRICT. 2. THE CHIEF TOWN PLANNER,TRIVANDRUM. 3. THE DISTRICT TOWN PLANNER, THRISSUR. ADV. SRI.BABU S. NAIR FOR R1 GOVERNMENT PLEADER SRI. GEORGE MECHERIL. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. NO. 2058/2010 APPENDIX ANNEXURE-A TRUE COPY OF THE NOTIFICATION G.O.(Ms) NO. 2/2010/LSGD DATED 1.1.2010. // TRUE COPY // P.S. TO JUDGE. KNC/- C.N.RAMACHANDRAN NAIR, Ag.C.J. & P.S.GOPINATHAN, J. ---------------------------------- W.A.No.2058 OF 2010 ----------------------------------- Dated this the 17th day of October, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, Ag.C.J. This appeal is filed against the judgment of the learned Single Judge upholding respondent's entitlement for getting the building permit approved for construction of 1st floor and terrace for the building. The case of the appellant is that under the Town Planning Scheme, there is proposal for widening of the road and probably the appellant's building may be demolished. If there is any proposal for road widening, which involves demolition of a building, there is no scope for approval of construction of 1st floor. However, since the appellant is still not sure as to when they propose to widen the road and whether demolition is required to be done. We feel, on respondent giving a declaration to the Municipality that in the event of later acquisition and demolition of building, the respondent will not claim any compensation for the additional floor construction, the respondent can be permitted to W.A.No.2058/2010 2 construct first floor for the building. 2. We dispose of the Writ Appeal with the above modification of the judgment declaring that respondent will not be entitled for compensation for the additional construction in the event the building is acquired and demolished for road widening or any public purposes within a period of three years from date of approval of plan. On giving the declaration as above, the Municipality will consider the approval of the plan in accordance with the Building Rules and pass orders within three weeks from the date of production of a copy of this judgment. (C.N.RAMACHANDRAN NAIR, Acting Chief Justice) (P.S.GOPINATHAN, JUDGE) ps/21/10 W.A.No.2058/2010 3