Section 79(1) in Kerala Municipality Building Rules, 1999
(1)In the case of buildings proposed or 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 organisation for new road formation or road widening or 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 chapterProvided that the applicants seeking benefit under this chapter shall apply in writing to the secretary in the prescribed form.Provided further that the provisions under this chapter shall not apply to the road envisaged in any layout as per these rules.Provided further that the benefit under the provisions in this chapter shall not be allowed to the constructions in such plots, if the land is not surrendered for the implementation of the scheme in total.Provided further that such road formation or road widening or junction improvement or formation or development of facility relating to road structure shall form part of the annual plan or five year plan of the implementing agency concerned or shall have a budgetary allocation and shall form part of and conform to any published or sanctioned town planning scheme, if any such scheme exists.Provided further that any deviation from the proposals of a town planning scheme in the new road formation or road widening or junction improvement or formation or development of any facility relating to road structure shall be carried out only affecting variation or revision, as the case may be, of the town planning scheme as per the town planning legislation in force.Provided also that the surrendered land shall not used for purposes other than that envisaged in the scheme.(a)In the case of rods which have no widening proposals as per any town planning scheme or which falls in areas which are not covered by any town planning scheme, it shall be a project proposed or taken up, with the prior approval of the Local Self Government Department in consultation with the Chief Town Planner of the state.(i)By the local self government institutions or development authority by resolution or(ii)Sanctioned or under taken by a government department, quasi government organisation or institution or(iii)By registered residents association or a social welfare organisation.
