An application submitted by the petitioner for the issue of a building permit to construct the first floor portion of an existing building admeasuring 52 m² has been rejected by Ext.P3. The reason stated is that, as per G.O.(M.S.)No.210/09/LSGD dated 11.11.2009, permission to construct residential buildings having less than 200 m² area alone could be granted by the Zoning Regulation Committee. However, it is pointed out by the counsel for the petitioner that the said Government Order applies only to filled up paddy fields. The petitioner's application for building permit to construct the ground floor portion had been initially rejected alleging that the Zoning Regulations do not permit such construction. This Court had set aside the said order and directed reconsideration. It was accordingly that, the ground floor was constructed. The upper floor now proposed to be constructed is having only 52 m² in area. The Government Order has no application to the case of the petitioner.
2. Adv.Sri.T.C.Suresh Menon appears for the respondent.
According to the counsel, Ext.P3 is perfectly legal and sustainable.
3. Heard. Ext.P3 has rejected the petitioner's application referring to a Government Order that prohibits the grant of permission to make constructions on filled up paddy fields. The said Government W.P.(C) No.25938 of 2014 2 Order has no application to the case of the petitioner, since the petitioner's property is not a filled up paddy field. The petitioner has already been granted permission to construct a two storied building which occupies his property. The present application is only for permission to add an additional floor. Therefore, Ext.P3 is unsustainable.
In view of the above, Ext.P3 is set aside. The respondent is directed to consider the petitioner's application afresh, in accordance with law and to pass appropriate orders thereon 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.
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K.SURENDRA MOHAN, JUDGE.
AV