New land law invalid for houses built with old permits

New land law invalid for houses built with old permits
Representational image

Thiruvananthapuram: In a major relief to applicants of building numbers, Kerala government has stated that the provisions of a new land rule won't have a retrospective effect. This clarification comes after a Manorama report highlighted the problems faced by people seeking building numbers after the Kerala Conversation of Paddy Field and Wetlands (Amendment) Act came into effect by the end of 2017 . The authorities have also decided to expedite the issuance of building construction permits and set a deadline next month to clear backlogs on this count.

The government’s intervention comes a day after Malayala Manorama reported how the significant change in land laws had prevented houses from being allotted the building number even though the permit was given for construction initially. The government has now instructed that the provisions of the Act that came into existence on December 30, 2017, should not be made mandatory for allotting building number for those homes constructed using earlier permits.

Officials have been also asked to process the pending applications received as per the Kerala Panchayat Raj (Regularisation Of Unauthorised Constructions) Act, 2018, before July 31. And the panchayat deputy director should submit a district-level detailed list to panchayat director by August 10.

The panchayat director has asked panchayat secretaries to process all applications concerning the permit for construction by July 10. The name and details of those panchayat secretaries who fail to ensure this should be mailed to deputy director (directorofpanchayatcsection@gmail.com) before 3 pm on July 15.

The director's circular also instructed the panchayat secretaries to give permits as per the priority list and without causing a delay of more than 15 days.

The panchayat director has also instructed that applications seeking permit for construction (building permits) in panchayats should only be made online via Sanketham, a software for granting building permits by local governments.

Guidelines to cut delay

A set of guidelines has been issued to fast-track the applications regarding building construction. It states: the panchayat secretary would be held responsible if the applicant is denied the permit after it is found the application was not processed in a time-bound manner; while taking follow-up action, staff from clerk to secretary/assistant engineer should make a note in the file; and the performance audit section has to ensure that a committee has been formed in every panchayat to check the complaints of those who did not get the permit; and district-level adalats led by deputy director have to formed to resolve the complaints by July 31. These adalats would consider complaints of those who have not received permit till May 31.

Updates on the applications for building permits should be published on panchayat notice board and website. If there is any delay, the reason should be specified.

Model conduct

Staff have been asked to be cordial and respectful while interacting with those seeking permit for construction, building number, various licences and certificates. If more details and documents are needed, the applicant should be duly informed and issued a notice, the order stated.

Panchayat secretaries taking action against illegal construction using the quasi-judicial powers should conduct site inspection and issue notice, detailing the violations. Before taking the final decision, they should meet the people concerned, the panchayat director ordered.

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