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Showing contexts for: unapproved plot in B.Karpagam vs The Member Secretary (Incharge) on 14 August, 2020Matching Fragments
7. Per contra, Mr.E.Manoharan, learned Additional Government Pleader, appearing for the respondent/authority inter alia contends that the respondent delegated his authority for granting Planning Permission to Muttukadu Panchayat under Section 91 of the Act up to 4000 sq.ft. for an approved layout. However, in the present case, the Planning Permission was granted to the petitioners' plots by Muttukadu Panchayat for the unapproved layouts. The learned Additional Government Pleader would also add that in the present case permission was granted within 200 metres of the radious from the sea, which squarely falls under ''No Development Zone'' as per the Coastal Regulation Zone (CRZ) Notification 2011, declared by the Ministry of Environment and Forests, Government of India, under the provisions of the Environmental Protection Act,1986; since the present plots of the petitioners fall within the purview of CRZ, the petitioners ought to have obtained permission from the CRZ authorities and, therefore, he contends that the Planning Permission was accorded by the local body, violating the powers of delegation and in excess of power.
10. Learned counsel appearing for the petitioner in W.P.No.16083 of 2018 also contends that Muttukadu Panchayat has granted planning permission to an unapproved layout. The Panchayat President does not have power to grant any such planning permission under the Act. The power was delegated by the respondent authority to Muttukadu Panchayat to grant permission only up to 4000 sq.ft. for an approved layout. In the present case, all the plots situated in Survey No.114 were unapproved and, therefore, the planning permission was granted without any application of mind, which is totally illegal and liable to be set aside. He would further submit that in the case on hand all the plots are situated within 200 metres of the radious from the sea, which squarely falls within the purview of CRZ, in which case the Panchayat President can grant planning permission only if the CRZ granted prior approval for constructing any such buildings in the said plots. By referring to CRZ Regulations, he contends that the constructions put up by the petitioners in Survey No.114 are to be demolished at the cost of the owners and, therefore, he sought for appropriate orders from this Court.
13.1. Therefore, as per the delegation of power, the President of Muttukadu Panchayat is empowered to issue Planning Permission only for the approved http://www.judis.nic.in 11/20 W.P.No.35319/2012 & Batch layouts/plots. In the present case, the plots situated in Survey No.114 are all unapproved. That being so, the President of Muttukadu Panchayat does not have any power to issue any Planning Permission to unapproved layouts/plots. As such, the Planning Permission issued by the President of Muttukadu Panchayat is in clear violation of the delegationof power and he has acted in excess of his powers.