SATISH K.AGNIHOTRI AND K.K.SASIDHARAN, J.J.

INTRODUCTORY :

The maintainability of revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, before locking and sealing the premises, is the core issue raised in these Writ Petitions.

Lead Case :-W.P.No.16392 of 2015:-

2. The petitioner purchased a shop building admeasuring 188 sq.ft. at Door No.336, Mint Street, Sowcarpet, Chennai. The building was constructed by his vendor pursuant to the permission granted by the Corporation of Chennai, vide building permit dated 2 June 2010. The petitioner has been running a Pharmacy. While so, the second respondent issued a de-occupation notice dated 30 May 2015, calling upon the petitioner to discontinue the occupation of premises within 15 days for the purpose of locking and sealing on account of unauthorized construction. The petitioner preferred a revision petition under Section 80-A of the Act, challenging the de-occupation notice. The revision petition was returned to comply with the direction as contained in the de-occupation notice and represent thereafter. Feeling aggrieved, the petitioner has come up with the Writ Petition.

3. The Secretary to Government, Housing and Urban Development Department, in his counter affidavit justified the impugned order. It was contended that the first proviso to Section 80-A clearly provides that application shall be preferred within thirty days from the date of sealing and as such, it is clear that revision would lie to the Government only in case the building is sealed.

Submissions :

4. The learned Senior counsel appearing for the petitioner in the lead case contended that Legislature's intention is very clear that revision petition under Section 80-A of the Act is maintainable before sealing the premises. The learned Senior counsel took us through various provisions of the Act and demonstrated that there is no indication in the Act that only in case the building is locked, revision petition would lie.

5. The learned Additional Advocate General while supporting the order passed by the 1st respondent, contended that the proviso to Section 80-A gives a clear indication that sealing is a mandatory requirement for preferring revision. According to the learned Additional Advocate General, the unscrupulous builders are resorting to unauthorized construction and in case sealing is not done immediately, the building would be sold and innocent purchasers would be affected. It was further contended that the Legislature is entitled to prescribe conditions for entertaining appeal/ revision and in the instant case, sealing is prescribed as a mandatory requirement.

Discussion:-

6. The Tamil Nadu Town and Country Planning Act, 1971, was enacted for planning development and use of rural and urban land in the State of Tamil Nadu.

Relevant Statutory provisions:-

7. (a) Section 49 deals with submission of application for permission to carry out development on any land or building.

(b) Section 56 of the Act empowers the appropriate Planning Authority to take action for removal of unauthorized development. Section 56, as it stood originally, reads thus :

56. Power to require removal of unauthorised development-

(1) Where any development of land or building has been carried out-

(a) without permission required under this Act; or

(b) in contravention of any permission granted or of any condition subject to which permission has been granted; or

(c) after the permission for development of land or building has been duly revoked; or

(d) in contravention of any permission which has been duly modified, the appropriate planning authority may, within (1 *) serve on the owner, a notice requiring him within such period, being not less than one month, as may be specified therein after the service of the notice, to take such steps as may be specified in the notice-

(i) in cases specified in clause (a) or (c) above, to restore the land to its condition before the said development took place;

(ii) in cases specified