Panchayat:Repo18/Law Manual Page0760

Rule 18

(6) The application for extension or renewal of a development permit or building permit shall be submitted in white paper either typed or written in ink, specifying the name and address of the applicant, the number and date of issue of permit, the stage of development or construction, if already commenced.

(7) The application shall be affixed with necessary court fee stamp and shall contain the original of the permit and approved plan sought to be extended or renewed.

(8) The development work or construction work shall be commenced and completed within the valid period of the permit

Note.- Non commencement of any work within the period specified, if any, in a permit issued before the commencement of these rules shall not be considered as a ban for extension or renewal of permit.

(9) A development permit or building permit issued before or after the commencement of the Kerala Panchayat Building Rules, 2011 or issued under the Kerala Municipality Building Rules, including that under the orders of Government or District Collector granting exemption from rule provisions, shall be extended or renewed, on proper application, on like terms and or like periods as a permit issued under these rules.

(10) In case the period of validity stipulated in a permit issued before the commencement of Kerala Panchayat Building Rules, 2011 is different from that stipulated in sub-rule (1), then the extension or renewal of the permit shall be granted in such a way that the total valid period of the permit shall not exceed nine years.

(11) The application for extension or renewal of a development permit or a building permit shall be signed and submitted by the original owner of the permit or his legal heir to whom the site devolves or his legally authorised representative and in case the plot concemed has been transferred by the original owner, the transferee or his legally authorised representative:

Provided that if the plot or a part of the plot concerned has been transferred, the application for extension or renewal of permit shall not be accepted and acted upon until provisions of rule 24 has been fully complied with.

                                                                                   NOTES 

Extension and renewal of Building permit — Held, a permit can be renewed only twice, if a person applies for extension within the period of validity of the permit. If an application for extension is submitted within one year of the expiry of permit, the permit can be extended only once for a period of three years. There is no ambiguity in the Rules. — George v. State of Kerala – 2009 (2) KHC 120: ILR 2009 (2) Ker. 131 : 2009 (2) KLT 64.

From sub-rule (3) & (5) of Rule 15A, it is clear that what is relevant for the purpose of levying the fee for renewal is the fee in force at the time of granting extension or renewal. A person is liable to pay only 50% of the building permit fee in force at the time of renewal. – Vichus Constructions (P) Ltd. v. Secretary, Corporation of Cochin – 2001(3) KLT 770 : 2001 (2) KLJ 684.

18. Suspension and Revocation of permit. -The Secretary shall stay, suspend or revoke any permit issued under these rules if it is satisfied that the permit was issued by mistake or that a patent error has crept in it or that the permit was happened to be issued on misrepresentation of fact or law or that the construction if carried on will be a threat to life or property:

Provided that before revoking permit, the owner of the permit shall be given 7 days notice, and an opportunity of being heard to explain and the explanation shall be duly considered by the Secretary.

                                                                                 NOTES 

Classification of Municipal areas into zones as per Detailed Town Planning Scheme (DTPS) — Legality of denial of building permits — On the pretext of a town planning scheme which has not become operational, Municipal authorities cannot refuse to issue building permits. Such denial would result in