HC directive on jacking up of buildings

‘It is up to govt. to direct local bodies on procedures’

The Kerala High Court has directed the government to issue directives to local bodies on the procedure to deal with applications seeking permission to raise buildings by employing mechanical jacks.

Justice P.B. Suresh Kumar issued the directive while disposing of a writ petition filed by a person challenging the raising of a villa apartment adjacent to his land.

The court observed that though lifting of the floor level of buildings was a work widely undertaken in the State, there was no provision dealing with the same in the Kerala Municipality Building Rules, 2019.

Safety of structures

Safety of the neighbouring structures while undertaking the work could not be ignored. In the absence of any provision in the rules, the competent authority might not be able to take care of the safety issues.

The government had the power to clarify doubts or to issue directives if any doubt arose regarding the interpretation of any provision in the Rules. The court, therefore, observed that it was for the State government to issue clarifications in this regard either under rule 109 of the Rules or by making appropriate amendment to the Rules.

It was all the more so since mechanical jack lifting technology was widely employed in the State to move buildings vertically and horizontally, the court added.