JUDGMENT

Misra, J.— The petitioner challenges the constitutional validity of Section 113 of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as ‘the Act’) as it being ultra vires of Articles 14 and 21 of the Constitution of India and also the validity of the orders passed under it, granting exemptions by respondent No.1, viz., the Government. We are drawn to consider an issue, more appropriately expressed in the words of Chinnappa Reddy, J. "..the perennial, nagging problem of delegated legislation and the so-called Henry VIII clause have again come up for decision...". The petitioner - the consumer action group which is a trust registered under the Indian Trust Act, has raised similar issue before us.

2. The petitioner through this petition under Article 32 of the Constitution of India has brought to the notice of this Court, impunity with which the executive power of State of Tamil Nadu is being exercised indiscriminately in granting exemptions to the violators violating every conceivable control, check including approved plan, in violation of the public policy as laid down under the Act and the Development Control Rules (hereinafter referred to as ‘the R