AI Structured Summary
Not yet generated for this judgment
Judgment
G. Sivarajan, J.—The petitioner is a builder. It has applied for and obtained a building permit (Ext. P3). Thereafter the petitioner applied for renewal of the said permit as per Ext. P5. The grant of building permit is governed by the provisions of the Kerala Municipality Building Rules, 1999. There was an amendment of the Kerala Municipality Building Rules, 1999 in February 2001 as per S.R.O. No. 170/2001 whereby Rule 15A was inserted with effect from 22.02.2001. The counsel took me to Sub-rule (5) of Rule 15A thus introduced and submitted that the said rule is very clear that the fee for renewal of permits is as is obtained at the time of renewal. The counsel accordingly submitted that in view of the fact that the application for renewal of the permit is made subsequent to the introduction of Rule 15A, the respondents are entitled to get the fee only in accordance with the provisions of Rule 15A(5).
I have also heard the learned counsel appearing for the respondents. The counsel submits that as per the Rule which obtained at the time of issuance of the permit in the first instance the petitioner had to pay more than Rs. 4 lakhs for renewal of the permit and that if the provisions at it stands now is applied, the petitioner is liable to pay only a sum of Rs. 51,000/-. The counsel submits that the petitioner is liable to pay the renewal fee as it obtained at the time of grant of the Ext. P3 permit.
I have considered the rival submissions. Rule 15A was introduced as per S.R.O. 170/2001 on 22.2.2001. The said rule deals wit extension and renewal of periods of permits. Such Rule (1) says that development permit or building permit issued under this rule shall be valid for a period of 3 years from the date of issue. Sub-rule (2) says that the Secretary shall on application submitted within the valid period of the permit grant extension twice, for further period of 3 years each. Sub-rule (3) says that the fee for extension of period of permits shall be 10% of the development permit fee or building permit fee as the case may be in force at the time of granting extension. Sub-rule (4) provides that the Secretary shall on application submitted within one year of the expiry of the permit grant renewal, once, for a period of three years. As per Sub-rule (5), the fee for renewal of permits shall be 50% of the development permit fee or building permit fee as the case may be in force at the time of renewal. From the above provisions, particularly, Sub-rules (3) and (5), it is clear that hat is relevant for purpose of levying the fee for renewal is the fee in force at the time of granting extension of renewal. The petitioner''s case is clearly covered by the provisions of Sub-rule (5) or 15A.
In the above circumstances, the petitioner is liable to pay only 50% of the building permit fee in force at the time of renewal. As such, the respondent are not justified in demanding the renewal fee beyond the amount specified in Sub-rule (5) of Rule 15A.
In the present case, the second respondent has issued Ext. P7 communication wherein it is stated that the period of permit (Ext. P3) expired on 8.4.2000. The amended rule came into force on 22.2.2001. Therefore, the said rule cannot apply to the petitioner''s case. If the duration of the permit granted it as per Ext. P3, expired on 8.4.2000 unless there is a provision for condoning the delay and for renewal of such permits certainly the petitioner will not be entitled to get the permit renewed. On the other hand, if the respondents have got the power to renew the permit which are already lapsed, in such case, if there is no other provision regarding fees for such renewal, certainly Rule 15A(5) will have to be applied.
In the above circumstances, I direct the second respondent to consider the matter afresh in the light of the directions issued in this judgment and pass appropriate orders in accordance with law within a period of one month from the date of receipt of a coy of this judgment.
The Original Petition is disposed of as above.