Radhakrishnan, J.

The question that is posed for consideration in this case is whether the Government have got power to grant exemption under the Town Planning Act for construction of a non-residential building contrary to the approve development scheme.

2. Petitioners are residents of Ward No.IV of Vadakkevila Panchayat in Kollam District, the area which falls within the master plan area under the Kollam Development Authority and is also covered by the master plan sanctioned and notified for the Kollam Development Authority. They are aggrieved by the Government Order G.O.(Rt.) 1296/97/LAD. Dated 5-4-1997 by which exemption was granted to 7th respondent for construction of a hospital building from the zoning regulation of the sanctioned development Plan for Kollam. Counsel appearing for the petitioner Sri. Dinesh R. Shenoy submitted that Government have no power to grant exemption under the Town Planning Act once the development plan has been approved. Seventh respondent made an application to the government for exemption for construction of a hospital building in a residential area included in the approved development scheme. Seventh respondent as well as respondent No.