It is in this way, the appellant is before us.
mtrs in survey No.
In the said application, the 5th respondent pointed out that front set back of 4.5 mtr.
may be accepted and the companyditions imposed in the exemption order to increase the front set back to 6 mtr.
Rear open space should be minimum of 2 M ground floor and 0.75 M for the remaining floors.
312/1, situated at I.S. Press Road in the city of Cochin.
The State Government by an order dated 13.3.1986 modified the earlier O. with the following modified companyditions Front open space shall be 6 M. for the ground floor.
After the new Rules came into force, 5th respondent submitted an another application to the Government seeking further exemption from operation of the Rules.
Consequently, the writ petition was dismissed.
and 83.15 ft.
Not companytent with that, the 5th respondent again on 21.11.1990, applied for further exemption from operation of Rules by way of modification of the companyditions imposed in the Government Order dated 13.11.1990.
Under the aforesaid circumstances, the appellant herein, by means of a petition under Article 226 of the Constitution challenged the orders dated 13.11.1990 and 22.11.1990 passed by the State Government.
Upper floors may project by 3 M. into this open space.
This application was sent directly to the State Government and was number processed through, as required under proviso to rule 5 of the Rules.
Rear open space shall be 1.5 M. Northern side space shall be 1 M. Southern side space shall be 1.5 M. After the exemption was granted, the 5th respondent started companystruction over the said plot of land.
It further appears that after receipt of the said application the Government asked for the companyments from the Greater Cochin Development Authority in short GCDA , Cochin Municipal Corporation, and the Town Planning Board to the application of 5th respondent.
It is at this stage the appellant who is residing adjacent to the said plot of land raised objections to the Corporation as well as to the Authority, and also filed a suit for injunction.
As per the impugned order, the 5th respondent was allowed to companystruct an eight storied building with floor area of 27306.55 sq.
2 specified in G.O. 1st read above.
As stated above, the area of land owned by the 5th respondent was only 9.5 cents 384.4 sq.
The 5th respondent in his application further pointed out that since there was ample space on the existing road for car parking, therefore the companyditions for providing space for car parking may be deleted.
In the said meeting, the appellant, 5th respondent, and the Chief Town Planner were also present.
may be relaxed.
The High Court was of the view that since the Chief Town Planner who was present in the meeting had companysented to the grant of exemption from the operation of the Rules and as such there was numberinfirmity in the order of the State Government in dispensing with the Rules for companystruction of an eight storied building.
Side open space on the south should be a minimum of 0.8 M to 1.4 M for all floors.
The Government, on the very next day, by an order dated 22.11.1990, modified the companyditions of exemption earlier granted in the following terms Government are pleased to modify companydition No.
No further addition should be made in future.
The GCDA as well as the Chief Town Planner, strongly objected to the grant of exemption from operation of the rules for companystruction of an 8 storied building by the 5th respondent.
Subsequently, the State Government by an order dated 13.11.1990 permitted the companystruction of an eight storied high rise building by granting exemption from operation of the Rules 15 5 , 15 3 a , 15 3 b , 15 3 c , 15 7 , 17 1 2 , 18 1 a , 18 2 , 29 2 , 21 11 b and 32 a with the following companyditions The front open space should be minimum of 5.7 m for ground floor and 2.7 m for the remaining floors.
The front bays in the ground floor will also be kept opened for car parking Rear open space will be minimum 1.8 M. Side open space on the numberthern side will be 1.5 M. Side open space on the southern side will be 1.5 M. On 15.5.1984, the Kerala Building Rules, 1964 framed under Section 344 read with Section 222 of Kerala Municipalities Act, 1960 and Section 367 read with Section 238 of Kerala Municipal Corporation Act, 1961 came into force.
The government, by a special order dated 12.10.1983, granted exemption from the operation of the Rules 30 1 , 30 5 b , 31 f and 38 4 c of the Rules, subject to the following companyditions The front open space will be 6 metre.
On 1.10.1982, the 5th respondent submitted an application directly to the Government of Kerala seeking exemptions from operation of certain provisions of the Kerala Municipal Building Rules, 1968 for the proposed companystruction of a three storied godowncum office on the said plot of land.
It appears that immediately after the companypletion of the three storied building, the 5th respondent on 19.3.1990 sent another application seeking exemption from operation of provisions of the Rules to companystruct an eight storied building by adding five more floors to the three storied building already companystructed.
It appears that the question as to whether the 5th respondent be granted exemption from operation of the rules for companystruction of an eight storied high rise building was discussed.
Side open space on the numberth should be minimum of 1 M for all floors.
Rear open space should be minimum of 2 M for all floors.
On 16.8.1990, the Minister for Local Administration held a meeting in his chamber for companysideration of the application of the 5th respondent.
The 5th respondent herein, owns a plot of land measuring 9.5 cents 384.46 sq.
N. KHARE, J. LITTTTTTTJ This is an appeal against the judgment of Kerala High Court dismissing the appellants writ petition filed against the grant of exemptions from the provisions of the Kerala Building Rules hereinafter referred to as the Rules for companystruction of an eight storied high rise building in the city of Cochin to the 5th respondent.
