#building permit

The Kerala High Court has ruled that a Grama Panchayat cannot reject a building permit solely on the grounds that land is classified as 'plantation' if the application satisfies all other legal and zoning conditions. This reinforces that administrative decisions must be grounded in substantive compliance, not arbitrary land categorizations, affecting developers and local bodies across Kerala.

The Calcutta High Court ruled that reconstructing a building after fire damage exceeding 50% of its original volume constitutes a 'new building' under Section 287 of the West Bengal Municipal Corporation Act, 1993, requiring prior municipal sanction. The Court held that absence of such sanction renders the construction unauthorized, irrespective of historical possession or prior existence of the structure. This decision reinforces compliance obligations for property owners and municipal authorities in West Bengal.

The High Court of Telangana ruled that municipal authorities cannot halt legally permitted construction merely because a regularization application is pending. The court emphasized that arbitrary enforcement violates principles of natural justice and constitutional rights under Articles 14 and 21, reinforcing that valid building permits must be honored until due process is completed.

High Court of Kerala holds that municipal tax demands based on unapproved construction are invalid, reinforcing need for procedural compliance under building regulations.