Development Permit Not Needed For Residential Building In A Small Plot Just Because It Is Sub-Divided From A Large Plot : Kerala High Court
2 years, 11 months ago

Development Permit Not Needed For Residential Building In A Small Plot Just Because It Is Sub-Divided From A Large Plot : Kerala High Court

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The Kerala High Court has ruled that a Panchayat cannot insist on the production of a development permit from an owner of a small portion of land, which is sub-divided from a large plot, to allow the construction of a residential building on his property as per Kerala Panchayat Building Rules, 2019.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly held that the. The Kerala High Court has ruled that a Panchayat cannot insist on the production of a development permit from an owner of a small portion of land, which is sub-divided from a large plot, to allow the construction of a residential building on his property as per Kerala Panchayat Building Rules, 2019. Upon purchasing some dry land for constructing a residential building, the petitioner filed an application for a building permit before the Grama Panchayat Secretary, but he was asked to produce the plot development permit for considering his application. The Single Judge agreed with this submission based on the decision in Nafeesa v. Chavakkad Municipality held that a purchaser of a small plot from a large extent of property is not liable to secure any land development permit under the Rules.

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