Chapter XI Construction In Plots Part Of Which Has Been Surrendered For Road Development

79. Provisions to apply as modified for constructions in certain plots.- (1) In the case of buildings proposedor alteration or addition proposed on existing buildings in plots left after part of the same plot has been surrendered free of cost to a Municipality, Development Authority, Government Department or Quasi-Government Department or Institution for new road formation or for road widening or for junction improvement or formation or development of any facility relating to road structure other provisions in the Kerala Municipality Building Rules, 1999 shall apply subject to the modifications in this chapter Provided that such road formation or road widening or junction improvement or formation or development of facility relating to road structure shall be one proposed or taken up as a project by the Municipality or Development Authority by resolution or have been sanctioned or undertaken by a Government or Quasi-Government Department or Institution or shall form part of any published or sanctioned Master Plan or Development plan or Detailed Town Planning Scheme or shall be one proposed or taken up by a Residents Association or a Social Welfare Organisation with the approval of the Government for the purpose of this rule.

Provided further that the provisions under this chapter shall not apply to the roads envisaged in any layout.

Provided further that the benefit of the provisions in this chapter shall not be allowed to the constructions in such plots if surrendering is not made for the implementation of the scheme in total.

Provided also that in case the scheme is modified or the width of the road is reduced with the prior approval of the Government the benefit of the provisions shall be allowed if surrendering of the land is made for the implementation of such modified scheme in total or for widening or formation of the road to the reduced width in total.

(2) The surrendering of the land shall be made in the manner as may be decided by the special committee constituted under rule 85 :

Provided that in case the formation or widening or other work is not done immediately the Secretary shall earmark the land required for the implementation of the scheme in consultation with the Department, Institution, Agency, Association or Organisation specified in sub rule (1) and take possession of the land, and shall develop that portion or hand over the possession of such land to the concerned Department, Institution, Agency, Association or Organisation for development of that portion :

Provided further that the surrendered land shall not be used for purposes other than that envisaged in the scheme.

80. Use of Plot.- The Secretary may permit any use which is otherwise compatible with the uses of buildings in that area, which does not adversely affect the existing trend of development and which does not cause indirect condemnation of the uses in the neighbouring plots of land and buildings.

81. Coverage and floor area ratio.- (1) Maximum coverage permissible shall be 80 per cent for residential, special residential, mercantile or commercial, small industrial and storage occupancy; 60 per cent for assembly, office and industrial occupancy, 50 per cent for educational, medical or hospital and hazardous occupancy under Group 1(1) and 40 percent for hazardous Group 1 (2) occupancy.

(2) The maximum floor area ratio permissible for various occupancies shall not exceed that shown in column (4) of Table 2 in rule 31.

Provided that the committee constituted under rule 85 may, taking into account the area and width of the land, both surrendered and left behind, value of land, its location, shape and such other factors, if consider it just and proper to allow more floor area ratio, permit a higher floor area ratio not exceeding that shown in column 5 of table 2 under rule 31, but without claiming any additional fee:

Provided further that the area of the land surrendered shall also be taken into account for calculating the maximum floor area ratio permissible under this rule.

82. Set back, height, etc.-(1) The distance from the boundary of the proposed road or proposed widening to the building shall be 3 metres:

Provided that the Special Committee may, considering the factors specified in the first proviso to sub rule (2) of rule 81, permit reduction in the said distance to such extent that after such reduction there shall be a minimum of 1.50 metres distance from the abutting road boundary so formed or widened.

(2) There may not be any rear set back for buildings up to two floors from ground level.

(3) The rear set back for buildings above two floors from ground level shall be minimum one meter.

(4) No part of the building shall project or encroach or hang into the neighbouring plots on the sides;

Provided that where the building has more than three floors from ground level any one of its side shall have 3 metres width which shall be contiguous to the front yard.

(5) Notwithstanding anything contained in this rule, in the case of buildings part of which has been demolished for the purposes specified in rule 79, construction or reconstruction of wall with or without door (s) or shutter (s) shall be permitted on the side abutting the road:

Provided that the door shutter shall not open outward.

(5) General provision regarding distance from central line of road restriction on height with respect to width of street and front set back shall not apply to the constructions under this chapter.

83. Staircase.- Every building having more than three floors from the ground level shall have two staircases one of which may be designed as external fire escape staircase.

84. Parking.- The area of the land surrendered may be reduced from the area of the land required for parking to the extent that after such deductions a minimum of fifty per cent of the parking required as per these rules shall be provided.

Provided that the Special Committee may, taking into consideration the area, value and location of the land surrendered by the applicant and that left behind, allow further reduction in the off street parking requirements, however a minimum of twenty-five percent of the parking area required as per these rules shall be provided within the plot after such reduction.

85. Constitution of Special Committees.- (1) The Government may, on receipt of a request to that effect from any municipality or suo motu, if found necessary, by order, constitute a Special Committee for the purposes of any or all municipalities to consider and decide on the application for building permits that may be submitted under the provisions of this Chapter.

(2) The Special Committee shall consist of the following members, namely:-

(i) Mayor/ Chairperson of the Municipality, who shall be the Chairman of the Committee.

(ii) Chairman of the Development Authority, if any constituted for the area or an officer authorized by him.

(iii) Town Planner of the District in the Town and Country Planning Department.

(iv) Executive Engineer, Buildings and Road, Public Works Department having jurisdiction in the area or an officer authorized by him.

(v) one or two representative of the Department, Authority, Institution, Association or organisation in charge of or responsible for carrying out or proposing or sponsoring the formation or widening of the road or improvement of the junction or other works envisaged under this chapter.

(vi) Secretary of the Municipality concerned, who shall be the convenor of the Special Committee.

(3) The quorum for the meeting shall be three including the Convenor and the Chairman.

(4) The Secretary shall, considering the number of applications and urgency of the work to be executed, convene the meetings of the Special Committee at such place and time, as may be fixed by him in consultation with the Chairperson, by giving seven clear days notice to all the members;

Provided that if so directed by the Government or the Chairperson, the Secretary shall convene the rneeting within such time as may be specified in that direction.

(5)The Secretary shall place all applications submitted under this chapter before the Special Committee for consideration and shall issue permit as decided by the Committee.

85A. Special Committee may permit construction to abut streets.- The Special Committee shall, if so directed by the Government or if so found necessary with the prior approval of the Government, permit any building or all buildings upto a particular height to abut the boundary of the road or with only a fixed distance from the boundary of the road which may be less than that specified under rule 75:

Provided that the Government may consult the Arts and Heritage Commission before giving prior approval sought by the Special Committee.

Note:- (1) Road boundary for the purposes of this rule shall be the boundary of the road after its formation or widening as envisaged in the scheme in full or in its modified or reduced form as approved by the Government.

(2) Provisions in this rule shall apply to buildings proposed in plots left after acquisition under the Land Acquisition Act also.