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2016 Supreme(Online)(KER) 32327

HIGH COURT OF KERALA
MOHAN M. SHANTANAGOUDAR, CJ, ANTONY DOMINIC, J
STATE OF KERALA AND OTHERS – Appellant
Versus
V SHIVAPRASAD & ANOTHER – Respondent


J U D G M E N T

Mohan M. Shantanagoudar, C.J This appeal is filed challenging the common judgment dated

9.2.2011 passed in W.P.(C) No.24526 of 2009 and a connected case. In the aforementioned writ petitions, the interpretation of Part IX-A of the Constitution of India, the Kerala Municipality Act, 1994 and the Town Planning Act, 1939 arose for consideration.

2. The writ petitions came to be allowed with the following conclusion :-

“(a) It is declared that the provisions of Town Planning Act, 1939 and Madras Town Planning Act, 1920 cannot survive in the light of Part IX-A of the Constitution and the Municipality Act, 1994;

(b) Ext.P2 orders produced in the two writ petitions are quashed;

(c) There will be a direction to the Government to address all aspects with regard to spatial planning as envisaged under Section 51(3) of the Municipality Act, 1994 and other provisions of the Act and to bring in the new legislation proposed as per the Kerala Town and Country Planning Act within a reasonable time. The Government can also, in the meanwhile, take steps to bring the W.A. No.1023 of 2011 integrated development plans and local development plans like the one in Kollam District, in the other pa

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