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TMI Blog1990 (8) TMI 414X X X X Extracts X X X X X X X X Extracts X X X X ..... t Annexure-H collectively, by which permission granted under S. 27 by the competent authority was revoked by the Government, was given up at hearing of this petition by the learned counsel appearing for the petitioner on the ground that it did not survive since exemption was granted under S. 20(1)(b) of the said Act and in view of the decision of the Supreme Court in the case of Bhim Singhji v. Union of India reported in AIR 1981 SC 234 in which the Supreme Court held that the provision of sub-section (1) of S. 27 of the Act was invalid in so far as it seeks to affect a citizen's right to dispose of his urban property in an urban agglomeration within the ceiling limits. Therefore, both the sides addressed this Court only on the question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al of the authority, the subsequent approval related back so as to make the construction on the appointed day valid within the meaning of S. 2(q)(ii) of the said Act. 2. Mr. H. B. Antani, learned Assistant Government Pleader appearing for the respondents contended that as per paragraph 5(1) of the guidelines issued by the State Government in its Circular dated 13th June 1979 at Anenxure-D, the penalty was validly imposed. He submitted that S. 20 of the said Act empowers the Government to grant such exemption subject to such conditions as may be specified in the order. He, therefore, submitted that the Government had discretion to lay down a condition imposing such penalty. He relied upon the decision of this High Court in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provision of the said Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or any custom, usage or agreement or decree or order of a court, tribunal or other authority. Therefore, even if the subsequent sanction granted on 6-2-76 to the revised plans may have had the effect of validating the construction under the Municipal Building Regulations, it would not amount to an approval at the time of construction on the appointed day for the purpose of the provisions of S. 2(q)(ii) of the said Act. In this view of the matter Rule 3 contained in Chapter XII of the Schedule A to the Bombay Provincial Municipal Corporations Act, 1949 under which the person who has given notice under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... struction of buildings in accordance with plans already approved. In that context the question arose for consideration as to how such lands on which construction was commenced between the appointed day and before the commencement of the Act in accordance with building plans sanctioned by the appropriate authority should be treated and whether the land occupied by the building and land appurtenant thereto including the additional extent up to 500 sq. mrts. of contiguous vacant land with a building with a dwelling unit therein should be allowed. The Government of India directed in paragraph 3 of the said Circular that in all cases where private parties have started construction in accordance with approved building plans before the commencemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that each case is to be decided by taking into account only those factors which are stated to be relevant by the Parliament while enacting S. 20(1)(a) of the Act and none other. It-was also held that the guidelines were only administrative deliberations of Government ate particular point of time and are not rigidly followed and were not of any binding character. It is, thus, clear that the decision relied on by Mr. Antani far from being an authority in support of his contention that penalty can be imposed in guidelines issued by the Government under S. 20(1)(b) of the Act, clearly lays down that the guidelines could not have the effect of narrowing down the scope of Government's power and that the guidelines were not binding on the Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was a clear direction to the State Governments to grant exemption under S. 20(1)(b) of the Said Act in all cases here private parties had started construction in accordance with approved building plans before the commencement of the Act on the ground of undue hardships. The State Government admittedly has granted exemption under the provisions of S. 20(1)(b) of the said Act and in view of the directions of the Central Government which are binding on the State Government under S. 36 of the Act which inter alia provides that Central Government may give such directions to any State Government as may appear to it to be necessary for carrying into execution in the State any of the provisions of the said Act or of any rule made there under. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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