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2017 DIGILAW 1458 (KER)

ATC Telecom Tower Corporation Private Limited v. District Telecom Committee Thrissur

2017-11-29

P.B.SURESH KUMAR

body2017
JUDGMENT : P.B. Suresh Kumar, J. 1. Petitioner has applied for and obtained a building permit for construction of a telecommunication tower. Ext.P1 is the building permit. The term of the building permit was one year, expiring on 31.5.2017. The petitioner preferred an application for renewal on 28/05/2017. The grievance of the petitioner in the writ petition concerns the inaction on the part of the second respondent Panchayat in taking a decision on the application for renewal of the building permit. The petitioner, therefore, seeks appropriate directions in this regard, in this writ petition. 2. Today, when this matter was taken up for hearing, the learned counsel for the petitioner submitted that after the institution of the writ petition, the application preferred by the petitioner for renewal of the building permit has been rejected by the Secretary of the Panchayat based on the decision taken by the Standing Committee of the Panchayat. 3. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the second respondent Panchayat. 4. Ext.P10 is the communication given by the Secretary of the Panchayat to the petitioner rejecting the application for renewal. It is seen from Ext.P10 that the application of the petitioner for renewal of building permit has been rejected on the ground that there are complaints from the public against the renewal sought for by the petitioner. Rule 130 of the Kerala Panchayat Building Rules, 2011 dealing with the grant of building permits and its renewal reads thus: "130. Submission of application and its disposal.- (1) Application for permit shall be submitted to the Secretary in the form in Appendix A along with two copies of the site plan, location plan, elevation, section, structural stability certificate, copy of the agreement executed with department of Telecommunication or license or permit issued by an authority approved by Government of India from time to time and document to prove ownership. Note:- (1) Ownership document may be a sale deed or mortgage deed or deed of agreement or license or consent document, etc. (2) No structural stability certificate shall be necessary in the case of telecommunication pole structures and accessory rooms. In case the telecommunication tower is proposed above any building, structural stability certificate shall be submitted in respect of that building also. (2) No structural stability certificate shall be necessary in the case of telecommunication pole structures and accessory rooms. In case the telecommunication tower is proposed above any building, structural stability certificate shall be submitted in respect of that building also. (2) The site plan shall show plot dimensions, access street width, details of existing structures within the plot with their uses, height, number of floors, set back from the plot boundaries and between them; proposed tower and ancillary structures. (3) The structural stability certificate shall be one issued by an engineer registered under these rules; having Post - Graduate Degree in Structural Engineering or Head of the Department concerned of any government or quasi government institutions offering post graduate degree in Structural Engineering. (4) Application fee shall be [Rupees one thousand and permit fee shall be as follows]:- (a) for towers of any height, rupees ten thousand; (b) for pole structure(one unit with any number of poles) rupees two thousand and five hundred; (c) no separate application fee shall be necessary for the accessory rooms essential for the use of telecommunication tower or pole structures but permit fee shall be remitted corresponding to their area as in the case of a pucca building. (5) The Secretary shall, if convinced of the boundaries and ownership of the plot, plans and drawings and genuineness of the certificates, issue permit, not later than 30 days from the date of receipt of the application. (6) The permit issued under sub rule (5) shall be a work permit and the construction or erection of telecommunication tower or telecommunication pole structures or accessory rooms essential for the use of such tower or pole structure shall be completed within one year from the date of issue of the permit. (7) The period of the permit shall be extended for a further period of one year if an application for the same is submitted to the Secretary, within the valid period of the permit. (8) The application for extension of the period of permit shall be submitted in white paper, typed or written in ink, affixed with necessary court fee stamp; along with original permit. (8) The application for extension of the period of permit shall be submitted in white paper, typed or written in ink, affixed with necessary court fee stamp; along with original permit. (9) No application fee shall be necessary for extension of period of permit but fee for extension shall be equal to fifty percent of the fee for original permit in force at the time of extension." It is evident from Sub rule (7) of Rule 130 of the Rules that the period of the building permit shall be extended for a period of one year, if an application for the same is submitted within the valid period of the permit. In other words, the first renewal is automatic and only condition imposed for availing the said benefit is that the application for renewal shall be submitted within the valid period of the permit. In the instant case, it is beyond dispute that the petitioner has preferred the application within the valid period of the permit, on 28/05/2017. The panchayat, in the circumstances, has no jurisdiction or authority to reject the request for renewal of the building permit. 5. In the circumstances, it is declared that the rejection of the request of the petitioner for renewal of the permit is illegal, and the writ petition is disposed of directing the secretary of the panchayat to renew the licence granted to the petitioner for a period of one year from 31/05/2017.