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Munnar builders turn the law on its head

Most constructions not meant for residential purpose

Munnar: When one stands in front of the village office at Pallivasal, one of the four villages in the Devikulam taluk, one can see half a dozen multi-storey buildings. All illegal, legally speaking. But few would choose legal option in Munnar.

And for those who have flocked to one of the fastest developing tourism spots in Kerala in their dozens in to reap a rich harvest, its business as usual. So much so, even revenue officials have no clear idea how many illegal multi-storey structures are there in the ecologically fragile area.

“All the lands in the Munnar region are given to people under the Land Assignment rules of 1964 and in 1993,” said a revenue department source. “The 1964 rules specify that there cannot be constructions other than for residential and agricultural purposes while those in 1993 permit minor shops, too. Commercial multi-storey constructions are never permitted in the region.”

Kerala High Court, in a judgment in 2010, made it clear that all constructions must have an NOC from the revenue department. The division bench, comprising Chief Justice S. R Bannurmath and Justice Thottathil B. Radhakrishnan, had said it was recording the state’s submission that “no construction activity could be carried out in Munnar without (the) no objection certificate from the Revenue department and without permission from the panchayat.”

The list of land owners is a pointer to the fact that most of the constructions are not meant for residential purpose. “Most of them are not from here, not even from Idukki district,” said an officer who requested anonymity. Legal sources point out that most of the constructions are on the pieces of land which were granted titles under the 1964 rules.

“The 2007 operation by the V.S. Achuthanandan Ministry did not succeed as they did not follow the legal procedure,” said Harish Vasudevan, advocate in the High Court. “The law allows the government not only to stop the illegal construction but also to take over even those which are operational after following due procedure.”

( Source : Deccan Chronicle. )
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