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Old Posted Feb 15, 2007, 10:08 AM
ReNik ReNik is offline
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Join Date: Aug 2006
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FAR issue ends here hopefully

Quote:
A FAR-reaching directive to government
Thursday February 15 2007 10:58 IST

KOCHI: The Kerala High Court has directed the State Government to pass fresh orders within three months regarding the applicability of the provisions relating to Floor Area Ratio (FAR) contained in Kerala Municipal Building Rules of 1999 as against the provisions in the Structure Plan of 1991 for central Kochi.

While the statutory rules permitted a Floor Area Ratio of up to four, the structure plan notified by the government covering Corporation areas, Tripunithra and Kalamassery municipalities and nine nearby panchayats, prescribed a maximum FAR of 1.5, resulting in the rejection of building plans submitted to the Corporation and Tripunithura municipality by various builders.

The rejection of building plans was challenged by the builders concerned seeking a declaration that the Corporation and the municipality were bound by the 1999 rules with regard to FAR while considering their applications.

The government had issued an order on December 31, 2004, clarifying that as far as the Corporation of Cochin is concerned, Kerala Municipal Building Rules of 1999 would prevail over the Structure Plan of 1991 in the matter of Floor Area Ratio.

But, subsequently, by another order dated August 28, 2006, allegedly on the basis of a direction contained in a judgment by the High Court, the government cancelled its order on December 31, 2004.

The court also struck down the government order dated August 28, 2006, cancelling its earlier order dated December 31, 2004. The court also struck down the instructions issued by the Regional Town Planner to Tripunithura municipality regarding Floor Area Ratio applicable to areas under the municipality.


The court directed that before passing fresh orders as directed by the court, the government should take into account the observations contained in this judgment and hear the Corporation, the municipality, the representatives of various builders, and anybody else who in the opinion of the government would be concerned in the matter.


The court also directed the Corporation and Tripunithura municipality to consider the plans submitted for approval till August 28, 2006, the date of the quashed government order, and decide them in accordance with FAR permitted under the 1999 Building Rules.

Applications submitted subsequently should be processed and order should be passed to the extent of permitting constructions within the FAR permitted under the Structure Plan of 1991.
The govt tried to play politics with Kochi's development and immediately got caned !!
I guess that Town planner is only a pawn in the game played by politicians.
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