application for regularisation. 4 th
respondent/appellant has further contended that the Kerala Panchayat
Building (Regularisation of Unauthorised Construction) Rules, 2014 do not
provide ... Secretary;
Provided that, no application for regularisation shall be
recommended for regularisation, if the unauthorized construction(s)
does not conform to the provisions in section
regularisation order, the regularisation order
issued by Government shall cease to operate from
the said date.
(7) No unauthorised construction shall be
regularised ... case the application
for regularisation is rejected.-- (1) In case the
application for regularisation of any unauthorised
construction is partly allowed by Government
Application for regularisation of construction of a
building proposed to be used for manufacturing Fire works
was rejected by respondents 4 to 6, which ... providing minimum width for access to the
building. Therefore regularisation of construction cannot be
granted because the purpose for which the building is
intended
Thereupon, the owners of the building submitted an application
for regularisation of the construction under the rules then in
force, as the construction was already ... violation
of the regularisation criteria No.1 & 3 of Appendix 1 of the
Kerala Building (Regularisation of Unauthorised Construction)
Rules, 2010. Thereupon Sri Ahamedkutty
exceed 15 cms. In the meanwhile, the Kerala Building
(Regularisation of Unauthorised Construction and Land
Development) Rules, 2010 came into force. The said Rules ... 37567/2017
:8 :
regularisation of an irregular construction, such construction
should be one completed on or before 31.12.2008, which
notion is held to be wrong
Panchayat to carry out construction.
So, if an additional construction carried out deviating from the permit is
entitled for regularisation, then the Secretary is vested ... Government have introduced the Kerala
Panchayat Building (Regularisation of Unauthroised Construction) Rules,
2018 in succession to Rules, 2014 for regularisation of the unauthorised
constructions without
giving opportunity to the appellant to approach the
Corporation seeking regularisation of the offensive construction.
(10) Learned counsel for the appellant submits that the
Tribunal ... application (which was not even filed by the appellant) for
regularisation of the illegal construction. In this context, the learned
counsel has invited our attention
work and prohibiting construction, any further construction of the building after such orders could not be considered as construction for the purpose of application ... continue with the construction, and despite such orders, if construction had been carried out beyond 15th October 1999, then such construction will not entitle
appeal is provided against Ext.P3
order of regularisation of construction. They have already
approached the Consumer Disputes Redressal Forum. The
Ombudsman ... Corporation is
not expected to arrive at any conclusion regarding regularisation
of unauthorised construction in the absence of any application for
the same
which the petitioner's application for regularisation
of the construction of a building was rejected by the third respondent,
is under challenge ... application submitted by the
WP(C).71/12 -:7:-
petitioner for regularisation of construction of the building, as the
respondents 3 and 4 cannot overlook