clr/1964/1964_1_167.pdf

(1)of the aforesaid Law (Not. 404 in Supplement No. 3 to the Cyprus Gazette 1955) amounted to a reservation of the area concerned " exclusively for residential purposes" and not only to a prohibition of the erection within such area of " buildings for special trades or industries ", which is in fact what the said Notice amounts to.

(2)On the face of the sub judice decision it is clear that the authorities acted under a misconception as to the law to be applied in the matter and, in the circumstances, the Court has reached the conclusion that the decision in question of the District Officer must be declared to be null and void and of no effect whatsoever. 167 1963 March 21, 1964 Oct. 23 D. J. DEMADES AND S O N S LTD., and

(3)In adopting this course the court is not pronouncing on the merits of applicants' application for a building permit. It is up to the District Officer, upon a proper application of the Law, including the said notice, to the relevant facts, to reach afresh a decision which he will communicate to the applicants. T H E REPUBLIC Decision complained of declared null and void. O F CYPRUS, THROUGH THE D I S T R I C T OFFICER OF L I M A S S O L AS THE APPROPRIATE AUTHORITY OF K A T O POLEMIDHIA Recourse. Recourse against the refusal of the District Officer Limassol, as the appropriate authority under the Streets and Buildings Regulation Law, Cap. 96, to grant to applicant building permit for the erection of abuilding consisting of showrooms, offices and stores. L. Demetriades with N. Pelides, for the applicants. G. Cacoyiannis, for the respondent. ZEKIA, P. : T h e judgment of the Court will be delivered by M r . Justice TriantafylHdes. TRIANTAFYLLIDES, J. : In this case the applicants have made a recourse against the refusal of the District Officer Limassol, as the appropriate authority under the Streets and Buildings Regulation Law, Cap. 96, to grant them a building permit for the erection of a building consisting of showrooms, offices and stores. T h e refusal is to be found in a letter dated the 17th December, 1962. On the basis of the contents of such letter the Court has reached the conclusion that the District Officer has proceeded to refuse the building permit applied for on the assumption that the Notice given on the 22nd day of June, 1955, under section 14

(1)of the aforesaid Law (Not. 404 in Supplement No. 3 to the Cyprus Gazette 1955) amounted to a reservation of the area concerned " exclusively for residential purposes " and not only to a prohibition of the erection within such area of " buildings for special trades or industries ", which is in fact what the said Notice amounts to. T h i s is a case, therefore, where on the face of the sub judice decision it is clear that the authorities acted under a misconception as to the law to he applied in the matter 168 and, in the circumstances, the Court has reached the conclusion that the decision in question of the District Officer must be declared to be null and void and of no effect whatsoever. 1963 March 21, 1964 Oct. 23 D. J. DEMADES In adopting this course the Court is not pronouncing on the merits of applicants' application for a building permit. It is up to the District Officer, upon a proper application of the law, including the said Notice, to the relevant facts, to reach afresh a decision which he will communicate to the applicants. AND SONS L T D . , and T H E REPUBLIC OF CYPRUS, THROUGH THE D I S T R I C T OFFICER OF LIMASSOL AS THE No order as to costs. APPROPRIATE Decision of Appropriate Autho­ rity, (District Officer), declared null and void and of no effect whatsoever. 1ό9 AUTHORITY OF KATOPOLEMIDHIA