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2014 Supreme(Mad) 297

R.K.AGARWAL, M.SATHYANARAYANAN
K. R. Ramaswamy @ Traffic Ramaswamy – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioners:T. Sundaravadanam, T. Mohan for M/s. Arya Raj, Advocates.
For the Respondents:A.L. Somayaji, Advocate General assisted by S.T.S. Moorthy, Govt. Pleader, T.N. Rajagopalan, Spl. Govt. Pleader for State, C. Johnson, Rajashrinivas for CMDA, A.P. Balasubramanian for Chennai Corporation, Advocates.

Judgment :

1. In W.P. Nos. 1664/2013 and 16787/2013, the respective writ petitioners made a challenge to G.O. Ms. No. 234, Housing and Urban Development [UD4(1)] Department dated 30.10.2012 by and under which, Section 113-C was inserted in the Tamil Nadu Town and Country Planning Act, 1971 [in short ‘TCP Act’]

2. In W.P. No. 16785/2013, challenge is made to G.O. Ms. No. 235 dated 30.10.2012 by and under which, the rules framed for assessment and collection of amount for Exemption of Buildings Rules, 2012, made in exercise of powers conferred by clause (bb) of sub-section (2) of section 122 read with section 113-C of TCP Act as ultra vires of Articles 14 and 21 of the Constitution of India.

3. In W.P. No. 16786/2013, challenge is made to Section 113-C of the Town and Country Planning (Amendment) Act, 2012 in so far as it applies to unauthorized constructions after 28.02.1999, as ultra vires of Articles 14 and 21 of the Constitution of India.

4. The present writ petitions are having a long and checkered history and the petitioner in W.P. Nos. 16785 to 16787/2013, namely, Citizen, Consumer and Civic Action Group, Adyar, Chennai, repeatedly made challenge to various amendments to the TCP



































































































































































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