Panchayat:Repo18/Law Manual Page0748

748 THE KERALA PANCHAYAT LAW MANUAL Rule 5

of 100 metres from any property maintained by Defence establishment, the Secretary shall consult in writing, the Officer-in-charge of such establishment before the permission is granted. Such Officer shall furnish his reply within thirty days from the date of receipt of consultation letter if such establishment has any objection to the proposed development. The objection, if any, raised by the officer within the said thirty days shall be duly considered by the Secretary before issuing permit.

(6) In the case of an application for development or re-development of any land within 30 metres from the boundary of railway track land maintained by Railways, the Secretary shall consult in writing the Railway Authority concerned before the permission is granted. Such officer shall furnish his reply within thirty days from the date of receipt of the consultation letter if such establishment has any objection to the proposed development. The objection, if any, raised by the Railway Authority within the said 30 days shall be duly considered by the Secretary before issuing permit.

(7) In the case of an application for land development or redevelopment in sites, owned by central government, state government, autonomous bodies, quasi-governmental agencies, local self government institutions and Devaswom Boards, which are identified or advised by the Art and Heritage commission as heritage value, concurrence of the commission shall be obtained.

(8) In the case of an application for development or redevelopment of any land within the Security Zone, the Secretary shall consult the District Collector concerned before permission is granted. The District Collector, after getting specific recommendation from the Director General of Police, shall furnish his reply. The objection if any raised and/or restriction and/or regulation if any suggested by the District Collector shall be complied by the Secretary while issuing the permit:

[(8A)] [In] the case of development or redevelopment for religious purpose or worship, prior approval or clearance or permission and concurrence as the case may be, of the District Collector concerned shall be obtained and also the conditions stipulated in the 'Manual of Guidelines to Prevent and Control Communal Disturbances and to promote Communal Harmony' which is in force have to be complied with. Applications for renovation without involving additional built-up area or structural alterations of existing buildings for religious purpose or places of Worship can be considered by the secretary after informing the District Collector in form in Appendix-N duly filled (in triplicate) by the applicant and verified by the Secretary. The permit shall be issued only after the receipt of the concurrence by the District Collector.

(9) In case where the final remarks are not received within 30 days time from the Defence Officer or Railway Authorities as in sub-rule (5) or (6), the Secretary may delay final decision, if any interim reply is received from the Defence/Railway Authority concerned. If not, the Secretary shall presume that there is no objection and proceed with the issue of permit as per rules.

(10) The Secretary shall, if any approval or concurrence from the District Town Planner or the Chief Town Planner either as per these rules or as per the provisions of the Town planning scheme of that area is required for any development, forward the application with his specific remarks to the District Town planner or the Chief Town Planner as the case may be, before issuing development permit:

Provided that, the Secretary shall forward only those applications to the District Town Planner or Chief Town Planner, as the case may be, which conform to these rules, including the provisions in the Town Planning Schemes.

                                                            NOTES 

The Building Rules are meant for the planned development of the area concerned and also for