Convention Centre: HC Sets Aside Stay Order
By Express News Service | Published: 07th January 2014 09:44 AM |
The Kerala High Court on Monday set aside an order of the Local Selfgovernment Tribunal staying building permit and development permit for the proposed Lulu Convention and Exhibition Centre at Bolgatty island here.
Justice K Surendra Mohan passed the order on a petition filed by Lulu Convention and Exhibition Center Private Limited challenging the tribunal order.
The tribunal for LSG Institutions in Thiruvananthapuram had observed that the appellant has succeeded in establishing a prima facie case to get a stay on the project.
The court held that the tribunal should consider the question of maintainability of appeal before it as a preliminary issue and pass further order only if the appeal is held to be maintainable.
The appellant before the tribunal alleged that the use of the proposed project site will be a violation of the provisions of the Kerala Land Conservancy Act, 1957, and Section 218 of the Kerala Panchayati Raj Act, since the project site reclaimed from the backwaters is under unlawful possession of the respondents.
The petition stated that construction at the project site would be an encroachment upon land belonging to the government.
Lulu submitted before the court that the property is vested with the Cochin Port Trust as the custodian and the Central Government as the owner, by virtue of the provisions of the Major Port Trust Act.
The building permit and the development permit was issued by the Mulavukad grama panchayat to Lulu Convention and Exhibition Centre Pvt Ltd for setting up a convention centre and allied facilities on Bolgatty island.
Lulu pointed out that the tribunal passed the order without pointing any reason and merely held that a prima facie case has been made.
Hence the order was illegal and without jurisdiction.