2019 (1) TMI 1910 - HC - Indian Laws

Cancellation of building plan approval with respect to the unauthorized construction - HELD THAT - This Court directs the respondents 5 to 108 to give explanation to such show notices within a period of 2 weeks from the date of receipt of a copy of this order. On receipt of such notices, the second respondent is directed to pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to them. The entire exercise shall be completed within a period of 12 weeks thereafter. Petition disposed off.

Summary

Issues:
Petition for Writ of Mandamus to cancel unauthorized construction in Survey Nos.9 and 11 at Konganthanparai Village.

Analysis:
1. The petitioner, a Trustee of a Religious and Charitable Trust, seeks the cancellation of building plan approval for unauthorized construction by respondents 5 to 108 on Trust property. The property, acquired under Land Reforms Act, is used for religious purposes and charitable activities. Legal disputes regarding the property have been ongoing since 1985, with suits filed and appeals dismissed.

2. Respondents 5 to 7, without proper title deeds, partitioned and plotted the Trust property, constructing buildings without necessary approvals. Suits were filed against them in 2010, resulting in decrees in 2016. An interim order by the Court prohibited alterations to the property. Despite representations to authorities since 2011, no action was taken against the unauthorized constructions.

3. The Special Government Pleader states that due to pending appeals, the authorities have been unable to act against the unauthorized constructions. Local Planning Authorities have issued show cause notices to the individuals involved. The Court directs respondents 5 to 108 to respond to the notices within two weeks, following which appropriate orders should be passed within 12 weeks after a personal hearing.

4. The Court, after hearing both sides, orders respondents 5 to 108 to provide explanations to the show cause notices within two weeks. The second respondent is directed to make decisions based on merit and law after a personal hearing. The entire process should be completed within 12 weeks. The Writ petition is disposed of without costs.