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S. M. SUBRAMANIAM, C. KUMARAPPAN
Commissioner, Udhagamandalam Municipality, Udhagamandalam, Nilgiris – Appellant
Versus
Jansi Kishore – Respondent
JUDGMENT :
S.M. Subramaniam, J.
[Common Prayer: Writ Appeals filed under Clause 15 of Letters Patent to set aside the order dated 30.11.2020 passed in W.P.Nos.13777 & 13874 of 2020 respectively.]
Application submitted by the 1st respondent seeking extension of time, to commence the building construction, as per the Building Plan Permission granted was under challenge in the writ proceedings.
2. The writ court allowed the writ petition, which came to be challenged by way of intra-court appeal by the Commissioner, Udhagamandalam Municipality.
3. There is no serious dispute on facts. The 1st respondent submitted application seeking Building Plan Permission, which was originally granted in the year 2007 and 2014 respectively. Admittedly, the 1st respondent had not commenced building construction and consequently the Building Plan Approval lapsed. Subsequently, application seeking extension of time to commence the construction based on the original Building Plan Approval was sought for and rejected by the appellant in the year 2019. The said order came to be challenged in the writ proceedings.
4. Mr. P.S. Raman, learned Advocate General assisted by Mr. P. Srinivas, appearing behalf of the app
Lapsed building permissions under the Tamil Nadu District Municipalities Act cannot be extended; applications after significant delays must be treated as fresh applications.
Building permissions in hill stations must comply with specific regulations outlined in the Tamil Nadu District Municipalities Act, overriding general master plans.
The court held that the Tamil Nadu Town and Country Planning Act mandates strict compliance with procedures for building permissions and enforcement actions regarding unauthorized constructions.
Building permits must comply with statutory provisions, and challenges to such permits must be timely; delay may waive the right to contest approvals.
Point of Law; Time-limit of 21 days under Section 7 (11) is directory and not mandatory. The interpretation of Section 7 (11) that after the lapse of 21 days deemed approvals cannot be revoked is inc....
A lapsed building permit requires a fresh application, allowing municipalities to impose new fees for renewal under the Tamil Nadu District Municipalities Act.
Accrued rights from previous land use approvals must be respected despite new regulations; Town Planner's jurisdiction to deny building plan approval was not established.
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