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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. MAHADEVAN, S. ANANTHI, JJ.
V. Balaji & Others - Appellant
Versus
The Principal Secretary to Government, Chennai & Others - Respondent
W.P. Nos. 12061, 12062, 12063, 12064, 12066, 12068 & 12069 of 2022 & W.M.P. Nos. 11489, 11492, 11494, 11495, 11496, 11497, 11502 to 11504,11500 of 2022
Decided On : 05-05-2022
Town and Country Planning Act - Building Regularization - Section 79 of the Town and Country Planning Act, 1971 - Summary of Acts and Sections: Section 79 of the Town and Country Planning Act, 1971 - The court directed the Appellate Authority to dispose of the appeals filed by the petitioners within a time frame of not more than three months from the date of communication of the order. The petitioners approached the court as the Appellate Authority did not dispose of the appeals within the stipulated time and instead issued a communication directing the petitioners to rectify the deviations/violations in the buildings. The court directed the Appellate Authority to dispose of the appeals/revisions filed by the petitioners on merits and in accordance with the law, after providing them due opportunity of hearing, as expeditiously as possible, in any event, not later than six weeks from the date of receipt of a copy of this order.
Fact of the Case:
The petitioners are owners of residential plots in an approved layout called 'Mahalingapuram Layout' in Pollachi Town. They started constructing residential buildings after obtaining building permission and plan approval from the fourth respondent. Notices were issued under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, calling upon the petitioners to submit revised plans and to get the buildings regularized. The petitioners' applications for revised plans were rejected without providing any opportunity to them. The petitioners approached the court as the Appellate Authority did not dispose of the appeals within the stipulated time and instead issued a communication directing the petitioners to rectify the deviations/violations in the buildings.
Finding of the Court:
The court directed the Appellate Authority to dispose of the appeals/revisions filed by the petitioners on merits and in accordance with the law, after providing them due opportunity of hearing, as expeditiously as possible, in any event, not later than six weeks from the date of receipt of a copy of this order.
Issues: The main issue was the failure of the Appellate Authority to dispose of the appeals filed by the petitioners within the stipulated time and instead issuing a communication directing the petitioners to rectify the deviations/violations in the buildings.
Ratio Decidendi: The court emphasized the need for the Appellate Authority to dispose of the appeals/revisions filed by the petitioners on merits and in accordance with the law, after providing them due opportunity of hearing, as expeditiously as possible, in any event, not later than six weeks from the date of receipt of a copy of this order.
Final Decision: The court directed the Appellate Authority to dispose of the appeals/revisions filed by the petitioners on merits and in accordance with the law, after providing them due opportunity of hearing, as expeditiously as possible, in any event, not later than six weeks from the date of receipt of a copy of this order.
JUDGMENT
(Prayer in W.P.No.12061 of 2022 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in proceedings Letter No.15088/UD5(1)/2021-1, dated 02.03.2022 as the same is issued in contravention of the provisions of Section 79 of the Town and Country Planning Act, 1971 and without providing opportunity to the petitioner to submit further representation in so far as the petitioner's building at Plot No.C-94, Survey No.22, Block No.20, Ward No.5, Door No.14, A Colony, Tagore Street, Mahalingapuram, Pollachi-642 002 is concerned, quash the same and consequently, restrain respondents 3 and 4 from initiating any coercive action including locking and sealing and demolishing the petitioner's building.
W.P.No.12062 of 2022 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in proceedings Letter No.15088/UD5(1)/2021-1, dated 02.03.2022 as the same is issued in contravention of the provisions of Section 79 of the Town and Country Planning Act, 1971 and without providing opportunity to the petitioner to submit further representation in so far as the petitioner's building Plot No.97, Ward No.8, Block No.1, T.S.No.26 Part, Nallappa Nagar Layout, T.Kottampatti, Pollachi, Coimbatore District is concerned, quash the same and consequently, restrain respondents 3 and 4 from initiating any coercive action including locking and sealing and demolishing the petitioner's building.
W.P.No.12063 of 2022 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in proceedings Letter No.15088/UD5(1)/2021-1, dated 02.03.2022 as the same is issued in contravention of the provisions of Section 79 of the Town and Country Planning Act, 1971 and without providing opportunity to the petitioner to submit further representation in so far as the petitioner's building Ward No.5, Block No.4, T.S.No.149/10 (9/2, 149), Door No.89, 89/1, 89/2, 89/3 at Coimbatore Road, Pollachi Town, Coimbatore District is concerned, quash the same and consequently, restrain respondents 3 and 4 from initiating any coercive action including locking and sealing and demolishing the petitioner's building.
W.P.No.12064 of 2022 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in proceedings Letter No.15088/UD5(1)/2021-1, dated 02.03.2022 as the same is issued in contravention of the provisions of Section 79 of the Town and Country Planning Act, 1971 and without providing opportunity to the petitioner to submit further representation in so far as the petitioner's building Plot No.B1, Ward No.5, T.S.No.148, LIG Colony, Mahalingapuram, Pollachi, Coimbatore District is concerned, quash the same and consequently, restrain respondents 3 and 4 from initiating any coercive action including locking and sealing and demolishing the petitioner's building.
W.P.No.12066 of 2022 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in proceedings Letter No.15088/UD5(1)/2021-1, dated 02.03.2022 as the same is issued in contravention of the provisions of Section 79 of the Town and Country Planning Act, 1971 and without providing opportunity to the petitioner to submit further representation in so far as the petitioner's building at Plot No.B24, Ward No.5, T.S.No.146/1 & 147/2, Block No.30, Door No.45, LIG Colony, Mahalingapuram, Pollachi, Coimbatore District is concerned, quash the same and consequently, restrain respondents 3 and 4 from initiating any coercive action including locking and sealing and demolishing the petitioner's building.
W.P.No.12068 o
The main legal point established in the judgment is the requirement for the Appellate Authority to dispose of appeals/revisions filed by the petitioners on merits and in accordance with the law, afte....
The importance of disposing of appeals on merits and in accordance with the law within the stipulated time, and providing the petitioners due opportunity of hearing.
Lock and seal orders stayed pending appeal under Section 80A(3) of Tamil Nadu Town and Country Planning Act; consolidate appeals for disposal.
When a statutory revision petition is pending before an authority, the Court may direct its expeditious disposal and grant interim relief against coercive enforcement actions until the merits of the ....
Revisional authority must decide stay applications under S.80-A within 3 weeks; no coercive action during interim period.
The central legal point established in the judgment is the need for expeditious disposal of revision applications under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, and the res....
Expeditious disposal of appeals under Section 80-A of the Town and Country Planning Act, 1971, and the restraint of coercive steps against the petitioner.
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