Panchayat:Repo18/Law Manual Page0298

Provided further that, any path, bridge or similar constructions used solely for entering into any building or weather shade or sun-shade forming part of the building may, subject to the rules regarding construction of building, be constructed within the said three metres limit:

Provided also that, when an existing portion of a building is to be demolished for the implementation of a Town Planning Scheme it shall not be in such a manner that it would adversely affect the remaining building or the additions to be made, and the full responsibility of the safety and stability thereof shall vest with the owner of the building, and when he has to undertake such a demolition it shall be done at his own expense and responsibility, and he shall not be eligible for any damages for the said construction and for this purpose a consent certificate shall be produced along with the application].

(c) make any hole or deposit any material in or upon any public road;

(d) work a quarry to remove stone, earth, rubble or other material from any place within twenty metres of a public road or of other immovable property vesting in or belonging to a Panchayat Provided that nothing in this clause shall be deemed to apply to any work which, in the opinion of the Village Panchayat, is done in connection with a bona fide agricultural operation;

(e) erect any building over any sewer or drain or part thereof;

(f) plant any tree on any public road or other property vesting in or belonging to a Village Panchayat; or

(g) fell, remove, destroy, lop or strip, bark, leaves or fruits from, or otherwise damage, any tree which is growing on any such public road, other property, poramboke or land, the use of which is regulated by a Village Panchayat and the right to which has not been established by such person or vesting in or belonging to him.

{{Center|NOTES

The public notice is an announcement delivered publicly informing the public about the decision taken by the Grama Panchayat in the context of Rule 4. 'Notify' means to tell or to inform. Information regarding the distance rule while making the construction abutting a village road is not intended for the public of the State, but intended mainly for the public of the locality only. Therefore, the Kerala Panchayat Raj Act used the expression 'notify' instead of notification. It is significant also in this context to note that wherever the Act intended publication of a notification in the gazette it was specifically provided so as can be seen from Sections 218, 234A, 283 etc. and thus it is Rule 4 which has to rule the field in the context by the Grama panchayat to notify a road under Section 220(b) regarding distance rule from the village road. So long as there is no legislative mandate in the plenary statute or in the rules for publication of such information in the gazette, that information need only be published as provided under Rule 4 by keeping it in the office, affixing the same in the office of the Village offices in the Panchayat area and propagating the same through printed notice. (Para 3) - Mulamthuruthy Grama Panchayat v. Ombudsman for Local Self Government Institutions, Thiruvananthapuram and Another - 2009 (4) KHC 531 DB : 2009 (4) KLT 451 : ILR 2009 (4) Ker. 439. [Thomas Paul v. State of Kerala, ILR 2006 (4) Ker 690 : 2006 KHC 1638 : 2006 (3) KLJ 777 : 2007 (1) KLT 267 – Overruled].

No notification has been published so far in the Gazette by the Grama Panchayat in accordance with the ratio of the judgment of this Court in Thomas Paul's case (supra). In the absence of such a notification it has to be found that S.220(b) of the Kerala Panchayat Raj Act does not apply to Thamarakulam - Charummood PWD road, a major district road. It is always open to the Panchayat to rectify the anomaly of the distance rule not applying to constructions on major district roads within its area by adopting resolutions in that regard and notifying the resolutions in the Official Gazette. But it is needless to mention the notification shall apply only prospectively. – Soman Pillai G. V. Mavelikara - Thamarakulam Grama Panachayat and others - 2008 (4) KHC 160 : 2008 (4) KLT 753. [2006°KHC 1638 : ILR 2006 (4) Ker. 690 : 2006 (3) KLJ 777 : 2007 (1) KLT 267; (Paras 7,9,10,11) Referred to.]