The Kannur municipality and the Railway are on a collision course over the commercial multi-functional complex (MFC) built on the premises of the Kannur railway station here in what the former says is a clear violation of the Kerala Municipal Building Rules (KMBR), 1999.
The MFC is a multi-story commercial building in the vicinity of the railway station having facilities such as a budget hotel and shops, among others.
The building is estimated to have over 50,000 sq.ft. covered area. According to the municipal authorities here, the Railway has constructed the commercial complex without submitting an application for permit as per the Rule 5(2) and 7(2) of the KMBR.
The building has been occupied without submitting a completion certificate and obtaining occupancy certificate as per the rules.
Railways’ claim
When contacted, the Railway officials here said that buildings constructed on the railway premises were exempted from the KMBR. In response to a notice served by the municipality on the Railway, the Railway authorities said, citing relevant provisions of the Indian Railway Act and the Railway Manual, that the railway buildings had been exempted from the municipal building rules. According to the Railway, the MFC is constructed as an additional passenger amenity and that it is not meant for making undue profit. “The exemption of government buildings from KMBR is not applicable for the commercial complex built by the Railway here,” said V.J. Kurian, municipal secretary. The Government Building Act exempted ‘certain buildings’ from the building rules of civic bodies if the buildings were for the operational purpose of the department concerned, he told The Hindu adding that the Railway Act did not say that the Railway could construct commercial buildings without getting permission from municipalities.
Second notice
The municipal authorities said that a second notice would be served on the Railway directing the latter to submit application for regularising the construction. “Under section 406 of the Kerala Municipal Act, the municipality is authorised to initiate procedure for demolition of an unauthorised building,” they said. The construction could be regularised by payment of building taxes as calculated under section 242 of the Act from the date of completion or occupancy, whichever was earlier, they added.
The Railways constructed a commercial complex without submitting an application for permit, allege municipal officials.
