The petitioners have filed this writ petition challenging Ext.P1 rejection of their application for building permit. The 1st and 2nd petitioners are the owners of 1.21 Ares and 0.67 sq.m.of land respectively, comprised in Survey No.164 of Nedumangad Village in Thiruvananthapuram District. The building permit sought for by the petitioners has been rejected for the reason that their land is situate near a river, the Killiar. It is stated that there is no set back of 10 metres from the river to the proposed construction. The petitioner contends that no law stipulates that such a set back should be provided. The petitioner therefore prays that Ext.P1 is liable to be set aside.
2. I have heard Adv.Sri.P.Ramakrishnan who appears for the respondent Municipality.
3. In view of the decision of the Apex Court in Raju S.Jethmalani v. State of Maharashtra (2005 (11) SCC 222), it is settled that a land owner cannot be deprived of his right to use his property on the basis of a development scheme that has not been implemented by the initiation of proceedings for the acquisition of his land. No proceedings are initiated yet, for the acquisition of the petitioner's land. Therefore, the rejection of the petitioners' application W.P.(C) No.16024 of 2014 2 for building permit on the ground stated in Ext.P1 cannot be sustained.
For the above reasons, Ext.P1 is set aside. The respondents are directed to consider the petitioners' application for building permit afresh and to pass appropriate orders thereon, in accordance with law, as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV