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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, MOHAMMED SHAFFIQ
Commissioner, Udhagamandalam Municipality, Udhagamandalam, Nilgiris – Appellant
Versus
L. Loganathan – Respondent
| Table of Content |
|---|
| 1. writ petition seeking building permission after the application was not considered. (Para 2 , 3) |
| 2. arguments regarding applicability of rule 7(2) in light of the revised master plan. (Para 4 , 6 , 8) |
| 3. special rules for hill stations take precedence to ensure environmental conservation. (Para 10 , 11 , 19) |
| 4. court emphasizes the need for protecting hill station ecology against harmful constructions. (Para 25 , 26) |
| 5. writ appeal decision and directive to follow special provisions in future applications. (Para 27 , 28) |
JUDGMENT :
S.M.SUBRAMANIAM, J.
Under assail is writ order dated 04.09.2020 passed in W.P.No.10262 of 2012.
2. Commissioner, Udhagamandalam Municipality, Nilgiris District is the appellant. Respondent has instituted a writ proceedings seeking direction against the appellant to grant building plan permission/licence to respondent through Online Application dated 09.09.2019 in accordance with the Revised Master Plan 2011 issued vide G.O(Ms).No.50 Housing and Urban Development Department, dated 25.02.2011 and review approved master plan dated 01.04.2014 within a time frame fixed by High Court.
3. Since the application was not considered, writ of mandamus came
Special rules governing building permissions in hill stations prevail over general laws to ensure environmental protection, emphasizing legislative intent against construction near reserve forests.
Building permissions in hill stations must comply with specific regulations outlined in the Tamil Nadu District Municipalities Act, overriding general master plans.
The judgment emphasized the citizens' rights to property and residence, and the binding nature of previous court orders on the authorities.
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.
Prior development permissions granted under repealed rules remain valid despite subsequent regulatory changes, and cannot be revoked retroactively by new laws.
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.
Regulatory powers of NOIDA cannot arbitrarily deny building permits; valid ownership rights must be respected and decisions must be backed by statutory reasons.
Point of law: Rule which has to be applied is the one which is in force at the time of issuance of the permit and not the rule that was in force at the time of submission of the application.
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