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5. Application for development permit.

  1. Every person other than a Central or State Government Department who intends to develop or redevelop any parcel of land shall apply in writing to the Secretary in the form in 
    Appendix AA and such application shall be accompanied by plans and statements in duplicate as required under these rules and documents to prove the ownership of the land concerned and payment of application fee as specified in Schedule 1 along with a copy of the certificate of registration of the Architect, Building Designer, Engineer, Town Planner or Supervisor as the case may be, who has prepared and signed the plans, drawings and statements.
  2. In the case of any development or redevelopment of land by Cetral or State Government Department ,the officer   authorized  shall, before thirty days of commencement of the work, submit to the Secretary a set of layout plans or plans of the proposed plot subdivisions and all other details with a certificate issued by Chief Architect or the Engineer in charge of the works to  the effect that the plans are in conformity with the provisions of these rules in all  respects including conformity to any development plans prepared for the area.
  3. In the case of layout or plot sub-divisions by any defence organisation the officer in charge of the organisation shall submit to the Secretary a set of layout plans or plans of the proposed plot subdivisions giving general indications whether the purpose is residential or otherwise for enabling the Secretary to estimate the requirements for providing services and infrastructure to that area.
  4. In the case of layouts or plot subdivisions by Municipality, the Secretary may approve the plans of the proposed work with his certificate on plans to the effect that the proposed work is in conformity with the provisions of these rules.
  5. In the case of an application for development or redevelopment of any land within a distance of 100 meters from any property maintained by Defence establishment, the Secretary shall consult 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 the 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 redevelopment of any land within 30 meters from substituted by   railway boundary, the Secretary shall consult the Railway Authority concerned before the permission is granted. Such Authority shall furnish his reply within thirty days from the date of receipt of the consultation letter if the authority 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 cases where final remarks are not received within the 30 days time from the Defense Officer or Railway Authority as in sub rule (5) or (6), the Secretary may delay final decision, if any interim reply is received from the concerned Defense/Railway Authority.
  8. The Secretary shall, if the lay out approval 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 for that area is required for any development, forward the application with his remarks to the District Town Planner or Chief Town Planner, as the case may be, before issuing development permit.
     NOTES
    Rule 5 of'1984 Rules-Exemption:- The recommendation by the GCDA and the Chief Town Planner is sine qua non for granting exemption from operation of the Rules by the State Government. In the absence of such recommendations, the State Government was not legally justified in granting exemption from operation of the Rules for construction of a high rise building. Kurian V. State of Kerala, 2001 (2) KLT 70.
    It is clear on the scheme of rule 5 that exemption should be obtained by an owner of land before he puts up the construction. It is not open to the owner of land to put up a building in violation of the various provisions of the Building Rules and then to seek exemption invoking rule 5 of the Rules to legitimize what he had done illegally and in blatant violation of the Building Rules. An ex post facto exemption is not contemplated by rule 5 of the Kerala Building Rules. In fact the introduction of rule 5A on 5-9-1989 re-emphasizes this position. George Joseph v. State of Kercila, 2002- (1) KLT 360.
    The power under rule 5 of the Building Rules is only a power to exempt from the operation of all or any of the provisions of the Building Rules. The power does not extent to exempting a builder from these restrictions placed by the relevant provisions of the Kerala Municipalities Act. Only section 410 o the Municipalities Act confers power on the Covermnent to grant exemption Therefore, in the guise of exercising power under rule 5 of the Kerala Buildiini Rules, no-one can be exempted from the compliance with the provisions of t Kerala Municipalities Act. George Joseph v. State of kerala, 2002 (1) KLT3