Building permissions in hill stations must comply with specific regulations outlined in the Tamil Nadu District Municipalities Act, overriding general master plans.

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)

Writ Order dated 04.09.2020 in W.P.No.10327 of 2020 is under challenge in the present intra court appeal instituted by the Commissioner, Udhagamandalam Municipality. Respondents filed the writ petition seeking a direction to grant building permission/ license to the writ petitioner in online application No.20190101012283 dated 09.09.2019 strictly 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.

2. After passing of the writ order impugned on 04.09.2020, online application filed by respondents on 09.09.2019 was rejected by the Appellant/ Commissioner, Udhagamandalam Municipality vide proceedings dated 22.03.2021.

3. Respondents submitted an application seeking building plan permission in a prohibited place in terms of Rule 4(2) of Tamil Nadu District Municipalities (Hill Station) Building Rules, 1993. Learned counsel appearing for appellant would submit that as per Rule 4(2) of Tamil Nadu District Municipalities (Hill Station) Building Rules, 1993, no building plan permission can be granted by Commissioner, Udhagamandalam Municipality, however, writ court directed the appellant to grant permission based on the Master Plan Scheme. Master Plan Scheme cannot override the law in force and therefore the present intra court appeal is filed by the Commissioner, Udhagamandalam Municipality.

4. Learned counsel for respondents would submit that as per Master Plan Scheme, the proposed site is not prohibited and therefore there is no impediment for the municipality to grant building plan permission. Writ Court also considered this aspect and directed the authorities to dispose of applications submitted by writ petitioner on 09.09.2020 in accordance with departmental rules prepared, sanctioned and notified along with revised Master Plan, 2011, that was issued under G.O.Ms.No.50, Housing and Urban Development Department dated 25.02.2011.

5. After passing of the writ order impugned, appellant/ Commissioner, Udhagamandalam Municipality, considered the application and rejected the same vide proceedings dated 22.03.2021. Therefore, the directions issued by Writ Court to dispose of the application deserves no further consideration. However, the observation made by Writ Court that such applications filed in Hill Station are to be considered based on the revised master plan, 2011, alone is to be examined.

6. Whether Building Plan Permission can be granted under the Revised Master Plan scheme or by following provisions of the District Municipalities Act and Hill Station Act and Rules framed thereunder? The issues raised in this regard are elaborately considered by this Court in the case of Commissioner, Udhagamandalam Municipality vs. L.Loganathan in W.A.No.2542 of 2023 dated 12.11.2025. The relevant paragraphs of the order are extracted hereunder:

“11. Udhagamandalam is declared as a municipality and Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the Act) would apply. In the said Act, Chapter X-A was inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1992 (Tamil Nadu Act 58 of 1992) with effect from 9^th December 1992. As per Section 217-A, this Chapter shall apply only to hill stations. The scheme of the Act under Chapter X-A would show that there is prohibition of construction or reconstruction of buildings etc., without licence under Section 217-B which reads as under:

'217-B. Prohibition of construction or reconstruction of buildings, etc., without licence (1) No