Kerala - Kochi   

Government directed to pass fresh orders on FAR

Staff Reporter

Municipal Building Rules ratio to apply

Kochi: The Kerala High Court, on Wednesday, directed the State Government to pass fresh orders within three months on representations seeking to make the provisions relating to floor-area ratio (FAR) in Kerala Municipal Building Rules, 1999, applicable to central Kochi instead of those in the Structure Plan of 1991.

Justice Pius C. Kuriakose directed the City Corporation and Thripunithura municipality to consider the plans submitted for approval till August 28, 2006, and decide on them in accordance with FAR permitted under the building rules. Applications submitted subsequently should be processed and order passed to the extent of permitting constructions within FAR permitted under the Structure Plan of 1991, the court ordered. The court struck down the instructions issued by the Regional Town Planner to Thripunithura municipality regarding FAR applicable to areas under the municipality. It directed that before passing fresh orders, the Government should hear the Corporation, municipality and representatives of builders.

The building rules allow a FAR of up to four. However, the structure plan, notified by the Government covering corporation areas, Thripunithura and Kalamassery municipalities and nine nearby panchayats, prescribes a maximum of 1.5. As a result, the building plans submitted to the Corporation and Thripunithura municipality were rejected.

The court issued the directive on writ petitions filed by builders seeking a declaration that the Corporation and the municipality were bound by the 1999 rules. The Government had issued an order on December 31, 2004, clarifying that as far as the City Corporation was concerned, the Kerala Municipal Building Rules of 1999 would prevail over the Structure Plan of 1991 in the matter of FAR. However, the Government cancelled that order on August 28, 2006.

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