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Judgment
T.R. Ravi, J.
The petitioner, his two sons and his daughters-in-law are stated to be specialists in various branches of Allopathic medicine and surgery. In order to
start a 250 bedded hospital in 55.60 Ares of land comprised in Re-survey Nos.73 and 74 in Block 3 of Cheruvykkal Village, belonging to the petitioner,
Ext.P1 application for permit was submitted on 01.01.2015. The application was rejected on 12.5.2015 as per Ext.P2 stating that the land comes within
the area of residential and mixed zone and hence hospitals with more than 20 beds cannot be permitted. On 18.6.2015, the petitioner submitted Ext.P3
request for reconsideration of the decision stating that on an earlier occasion the very same plan was approved, but the building could not be
constructed within the period of the permit due to paucity of funds and adverse circumstances. The petitioner further submits that he had submitted an
application for the construction of a 10 storeyed building for the purpose of a hospital in the year 1994 and the Government had by order G.O.
(Rt)No.1546/1995/LAD dated 22.3.1995 granted exemption and consequentially building permit/development permit was also granted. It was also
stated that the building could not be constructed during the period due to paucity of funds and other circumstances. The Government Order referred
above has been produced as Ext.P4(a) and the permit which was issued on the basis of Ext.P4(a) has been produced as Ext.P4. The petitioner points
out that by Ext.P5, an area of 75 cents belonging to one Mr.Vidhyadharan in the very same survey number had been exempted from the zoning
regulation. Ext.P6 dated 20.12.2014 is the Master Plan for Thiruvananthapuram Medical College Area issued under Section 50(3) of the Kerala Town
and Country Planning Ordinance, 2014. The petitioner has approached this Court stating that no decision has been taken on Ext.P3 so far, even after
the lapse of one year.
A statement has been filed by the 1st respondent. It is stated that the property covered by Survey Nos.661/1-9 and 1-8 (Re-survey Nos.73 and 74)
are included in the Thiruvananthapuram Medical College Area Development Scheme and they come under the residential use Zone-I and Mixed Zone
as per the Scheme. It is further submitted that as per the site plan, area to be covered by the construction will come under residential use Zone-I. The
contention is that the Corporation has no authority to grant the permit for a hospital building since as per the Zoning and Reservation Table, hospital
buildings are not included. It is further stated that since the request is for a 250 bedded hospital building, the Corporation cannot grant permission even
with the concurrence of the Chief Town Planner.
The petitioner has filed I.A.No.3/2021 producing Exts.P7 to P11. Ext.P7 is the copy of G.O.(Ms.)No.180/2017/LSGD dated 11.9.2017 which is an
Interim Development Order. It can be seen that on 19.3.2013, the Government had accorded sanction for the publication of Thiruvananthapuram
Master Plan, 2031. As per Ext.P7, the Government approved the Interim Development Order which had been approved by the Corporation of
Thiruvananthapuram and recommended by the Chief Town Planner (Planning). In the plan attached to Ext.P7 which has been produced as Ext.P8, it
can be seen that substantial portion of the properties belonging to the petitioner are shown as “green to planned development zone†and a small
portion is shown as “existing residential use zoneâ€. As per clause 3.16.16 of the Zoning Regulations attached to the Interim Development Order,
2017, as regards the existing residential zone and green to planned development zone upon the side of a road having proposed width of more than 21
metres, shall be treated as mixed residential zone-I for the depth of 100 metres from that abutting road. It is submitted that as per Clause 4.1 of Zoning
Regulations attached to the Interim Development Order, the road from Ulloor Junction to Akkulam Bypass road is proposed to be widened as a 24
metre road. It is further submitted that even presently, the road is having more than 17 metres width. The contention hence is that the property of the
petitioner which is lying within 100 metres depth of the road is to be treated as mixed residential zone I, where permission can be granted for a 100
bedded hospital with FAR 1.00. It is further submitted that there are 2 huge residential apartments, 54 commercial buildings and 4 public and semi
public buildings on the side of a small stretch of urban corridor from Ulloor Junction to the direction of Akkulam, where the site in question is situated.
Since the urban corridor is developing as mixed zone of residential-cum-commercial-cum-public/semi public buildings, as can be seen from Ext.P10
road map, the petitioner contends that they are entitled to get a building permit for a 100 bedded hospital. The petitioners have filed Ext.P11
representation before the Corporation and it has also been undertaken that they will file a revised plan for the above purpose.
In the judgment in S.Subbalekshmy V. Corporation of Thiruvananthapuram in Writ Appeal No.1776/2019, this Court has considered the case of the
Thiruvananthapuram Corporation and the effect of the Interim Development Order. After considering the issue, this Court held that the Interim
Development Order holds the field and the application for building permit has to be considered on the basis of the Interim Development Order.
A learned Single Judge of this Court has in the judgment in WP(C)No.28124/2020 considered Clause 4.1 of the Zoning Regulations and held that if
the existing road which is proposed to be widened is already having more than 15 metre width, the 100 metres depth from the side of the road is to be
treated as mixed residential zone. In the light of the judgments of this Court and the facts of the case, the petitioner is entitled to succeed.
In the result, Ext.P2 order is quashed. The petitioner shall file a revised plan seeking permission for building permit for construction of a 100 bedded
hospital and the same shall be considered by the Corporation along with Ext.P11 representation submitted by the petitioner. The revised plan shall be
submitted within 3 weeks from the date of receipt of a copy of this judgment. The respondents shall consider Ext.P11 along with the revised plan that
is submitted by the petitioner in terms of the directions in this judgment, within 6 weeks from the date of receipt of the revised plan and pass orders on
the application, granting the building permit, if the application is otherwise in order.