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2006 Supreme(SC) 978

S.B.SINHA, DALVEER BHANDARI
T. Vijayalakshmi – Appellant
Versus
Town Planning Member – Respondent


JUDGMENT

S.B. Sinha, J.—Leave granted.

2. These two appeals involving similar questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

3. We would, however, take note of the factual matrix of the matter from Civil Appeal arising out of Special Leave Petition (Civil) No.4719 of 2006. Appellants herein were owners of agricultural lands. They were permitted to use the said lands for non-agricultural purposes in 2004. The lands are within the residential area and are put to use for residential purposes. An application for approval of building plans was filed before the Bangalore Development Authority (for short, the Authority) on 29.11.2004. Some queries in regard thereto were raised by the Authority to which replies were also furnished.

4. Indisputably, the Authority is the Planning Authority within the meaning of Section 2(7) of the Karnataka Town and Country Planning Act (for short, the Act). They have prepared a comprehensive development plan in the year 1995. In terms of the provisions of the said Act, a development plan remains valid for a period of ten years. The development plan sanctioned by the State of Karnataka was, thus






















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