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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
P.K. Mohamed – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. inheritance and planning permission issues. (Para 1 , 2 , 3 , 5) |
| 2. process and requirements for issuing planning permission. (Para 4 , 10 , 12 , 18) |
| 3. arguments regarding vested rights and payment obligations. (Para 20 , 21 , 24) |
| 4. court's observations on the cmda's compliance. (Para 26 , 27 , 28) |
| 5. court orders to process planning application. (Para 42 , 45) |
ORDER :
2. The Government issued G.O.Ms.No.413, on 06.11.1998, exempting the building from the plot restrictions covered by the Development Control Rules. It also permitted the provision of a car parking space. The 1st respondent directed the petitioners to furnish a Bank Guarantee at the rate of Rs.300/- per sq.ft for the stilt car parking space. The 1st respondent also directed the 2nd respondent to issue the planning permission on the basis of the order, after notifying the same in the Tamil Nadu Government Gazette.
| 1. | Development charge for land & building | Rs.2,22,000/- |
| 2. | Scrutiny Fee | Rs.7,600/- |
| 3. | Regularisation Charge | Rs.23,000/- |
| 4. | Security Deposit for Development | Rs.7,95,000/- |
| 5. | Security Deposit for display Board | Rs.10,000/- |
| 6. | Infrastructure Development charge for CMWSSB | Rs.5,07,600/- |
“10. Learned counsel for the resp
A mandamus issued by the court creates vested rights that restrict the imposition of additional charges for planning permission if initial conditions were met according to earlier mandates.
The court emphasized the importance of planned development and the need to address unauthorized constructions. It also highlighted the right of the petitioners, as owners, to be heard before the orde....
Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies o....
Point of law: writ petition was not barred by either on the principles of res judicata or constructive res judicata. In the peculiar facts of the case since the issues referred to supra namely issue ....
Point of law: There is a presumption that public officials would discharge their duties honestly and in accordance with law. Even administrative power to be exercised to fulfill real purpose and not ....
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